To see the other types of publications on this topic, follow the link: Indian judges.
Journal articles on the topic 'Indian judges'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Indian judges.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Dr. Ganesh Dubey and Dheerendra Singh. "National Judicial Commission In India: The New Challenge." Legal Research Development: An International Refereed e-Journal 1, no. I (September 30, 2016): 67–82. http://dx.doi.org/10.53724/lrd/v1n1.09.
Full textAbstract:
Art. 50 of our constitution provide - separation of powers and independent judiciary (under directive principles) and Art. 13 of the Indian constitution provide vital power to amend any new statute and empowered to Supreme Court to check the constitutional validity of particular act/statute. For much of its history the Indian judiciary has been regarded as largely fair and incorruptible. No action was taken on the bill but the system of Supreme Court appointments that it envisaged was mandated three years later by the Supreme Court itself. In Supreme Court Advocates-on-Record Association vs. Union of India (1993 (4) SCC. 441) the Court ruled that the Constitution’s provision that the President appoint Supreme Court judges in ‘‘consultation with such Judges of the Supreme Courts...as the President may deem necessary” (Article 124(2)) meant that the advice of the Supreme Court judges was binding upon the President. It also resolved that the judges involved in this ‘consultation’ would be the Chief Justice of India and the two judges next in seniority. This decision was upheld in 1998 in the Third Judges case, only slightly modified to involve the Chief Justice of India and the four judges – rather than two – next in seniority as well as all Supreme Court judges from the candidate’s High Court. The Supreme Court of India and the High Court’s set the standard for judicial conduct and competence in the country. It is vital that we create a National Judicial Commission, combining input from the elected branches of government and the judiciary, to appoint and over see the judges of the Supreme Court and High Court.
2
Endicott, Timothy. "Arbitrariness." Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 49–71. http://dx.doi.org/10.1017/s0841820900006226.
Full textAbstract:
In order to identify the form of arbitrariness that is relevant to the rule of law, I discuss a Supreme Court of India decision and a Supreme Court of Canada decision in which judges held that other public authorities had acted arbitrarily. I also discuss Jeremy Bentham’s work on the rule of law, and his notion that the interpretive power of judges is itself an arbitrary power. I argue that the interpretive role of judges is not necessarily hostile to the rule of law, but that there is a standing tension between that interpretive role, and the rule of law. In the two decisions under discussion, the Canadian and Indian judges used their doctrines of arbitrariness to reallocate power to themselves, without any resulting enhancement in the rule of law.
3
Bandopadhyay, Bipasha. "WOMEN PROPOSITION IN THE INDIAN JUDICIARY." International Journal of Research -GRANTHAALAYAH 6, no. 8 (August 31, 2018): 114–29. http://dx.doi.org/10.29121/granthaalayah.v6.i8.2018.1405.
Full textAbstract:
There have been innumerable debates about gender in India over the years. Much of it includes women’s positing in society, their education, health, economic position, gender equality etc. What one can conclude from such discussions is that women have always held a certain paradoxical position in our developing country.
The women position in Indian Judiciary has again been a debatable, topic which has henceforth never been into exact numerical representation. The women clan involved into the legal network of benches has been notably less. The women position has been the highest in the Supreme Court of India with ‘Nine’ Judges.
The research work includes statistical data with the research of Vidhi legal policy. “The District Courts and the courts below them comprise the ‘lower’ or ‘subordinate’ judiciary. These courts lie under the administrative control of High Courts. Each judicial district in India has one District Court, below which lie civil and criminal courts of original jurisdiction,” the study notes, and finds that 71% judges in the subordinate judiciary across India are male.
Motivation/Background: The women position has been the highest in the Supreme Court of India with ‘Nine’ Judges. The women clan involved into the legal network of benches has been notably less.
Method: The fundamental protestant of the research are ‘women’, their count in the benches of Indian Judiciary, specifically over the High Courts and the Supreme Court. So what has been the reason behind such a low count of women?
What has been the numerical denomination of women benches in High Courts and Supreme Courts over the past years?
Results: Women were relegated to the household, and made to submit to the male-dominated patriarchal society, as has always been prevalent in our country. Indian women, who fought as equals with men in the nationalist struggle, were not given that free public space anymore. They became homemakers, and were mainly meant to build a strong home to support their men who were to build the newly independent country.
Conclusions: Women were reduced to being second class citizens. The national female literacy rate was an alarmingly low 8.6%. The Gross Enrolment Ratio (GER) for girls was 24.8% at primary level and 4.6% at the upper primary level (in the 11-14 years age group). There existed insoluble social and cultural barriers to education of women and access to organized schooling.
4
Kolmannskog, Vikram. "Right to Love: India's Decriminalization of Homosexuality Understood in Light of Contact." Gestalt Review 25, no. 2 (November 1, 2021): 178–96. http://dx.doi.org/10.5325/gestaltreview.25.2.0178.
Full textAbstract:
ABSTRACT On September 6, 2018, homosexuality was decriminalized in India. It was the result of a rights mobilization that started almost two decades ago. From the start, Indian lesbian, gay, bi, trans (LGBT) activists tried to influence society and the judges directly, not least through contact with other judges who happened to be gay. This article is a first attempt at understanding the mobilization and decriminalization in light of contact. It is also a first attempt at combining contact theories from both gestalt and the social sciences, including Allport's (1954) contact hypothesis. It seems quite plausible that contact of a certain kind played an important role in the Indian case. Other social movements could learn from this case. Gestaltists, as contact artists could have much to contribute, especially if they also draw upon social sciences and recognize that status, social identity, and power play a role in contact.
5
Sharma, Aviram. "Drinking Water Quality in Indian Water Policies, Laws, and Courtrooms: Understanding the Intersections of Science and Law in Developing Countries." Bulletin of Science, Technology & Society 37, no. 1 (February 2017): 45–56. http://dx.doi.org/10.1177/0270467617738696.
Full textAbstract:
Drinking water quality has drawn enormous attention from scientific communities, the industrial sector, and the common public in several countries during the last couple of decades. The scholarship in science and technology studies somehow overlooked this crucial domain. This article attempts to contribute to this gray area by exploring how drinking water quality is understood in Indian water policies, laws, and courtrooms. The article argues that water policies and laws in India were significantly shaped by international treaties and global environmental stewardship. In the courtrooms, the Indian judiciary employed minimum science-based evidence in decision making in the context of drinking water–related cases; rather they used a rights-based approach and minimally engaged with the issue of drinking water quality/standards. Whatever little science used as valid science by the judges in the decision making was entirely expert-based. The reliance of the judges on the scientific expertise of the experts representing regulatory organizations and public institutions was another unique characteristic of the relationship between science and law in India.
6
Guruswamy, Menaka. "Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors." American Journal of International Law 111, no. 4 (October 2017): 994–1000. http://dx.doi.org/10.1017/ajil.2017.92.
Full textAbstract:
On August 24, 2017, the Supreme Court of India issued a rare, unanimous nine-judge decision holding that the right to privacy is protected by the Constitution of India. The case is all the more noteworthy because the Court reversed its prior decisions holding that the right to privacy was not protected by the country's Constitution. It arose out of the government's creation of a national database of biometric and demographic information for every Indian. Rejecting the government's arguments, the Court found that the right to privacy applies across the gamut of “fundamental” rights including equality, dignity (Article 14), speech, expression (Article 19), life, and liberty (Article 21). The six separate and concurring judgments in Justice K.S. Puttaswamy (Ret'd) and Anr v. Union of India and Ors are trailblazing for their commitment to privacy as a fundamental freedom and for the judges’ use of foreign law across jurisdictions and spanning centuries.
7
Sen, Samudra. "Indian Judiciary Imprisoned: An Integrated AHP–TOPSIS Approach to Judicial Productivity." Global Business Review 21, no. 2 (May 1, 2018): 586–603. http://dx.doi.org/10.1177/0972150918765319.
Full textAbstract:
Many countries around the world have a large number of cases pending in their courts for long years. Research has been conducted on the productivity of courts and judicial systems around the world. Different methodologies have been employed in evaluating the productivity of judicial systems. Indian courts are also in a sorry state due to huge backlog of cases pending in courts. However, for India, though there are many papers on the state of judicial system suggesting ways to clear this backlog, there is hardly any research on courts’ productivity. This article addresses this research gap using an integrated analytic hierarchy process (AHP) and technique of order of preference by similarity to ideal solution (TOPSIS) approach in evaluating court productivity in India. Data pertaining to the Supreme Court and the High Courts in India have been evaluated to rank the courts in order of their productivity. Performance of the courts has also been evaluated on the basis of a few established judicial indices. It is revealed that judges’ productivity is directly proportional to the caseload per judge but the same may not be true for court productivity. Further, poor judicial administration also contributes to piling of cases as backlogs.
8
Kattan, Victor. "Jadhav Case (India v. Pakistan)." American Journal of International Law 114, no. 2 (April 2020): 281–87. http://dx.doi.org/10.1017/ajil.2020.6.
Full textAbstract:
Jadhav Case (India v. Pakistan) concerned Pakistan's arrest, detention, conviction, and death sentence of Kulbhushan Sudhir Jadhav, asserted by India to be an Indian national, who had been convicted of engaging in acts of terrorism and espionage in Pakistan. This is the third dispute over the interpretation of Article 36 of the Vienna Convention on Consular Relations (VCCR) to come before the International Court of Justice (ICJ). In contrast to the Applicants in the previous consular rights cases, India sought relief that included the annulment of Jadhav's conviction in Pakistan, his release from custody, and his safe transfer to India. After unanimously finding it had jurisdiction, fifteen judges of the ICJ, with only Judge ad hoc Jillani dissenting, held on the merits that Pakistan had breached VCCR Article 36 by failing to inform Jadhav without delay of his rights under that provision; by failing to notify without delay the appropriate consular post of India in Pakistan of his detention; and by depriving India of its right to communicate with Jadhav, to visit him in detention, and arrange for his legal representation. In addition, the Court, with only Judge ad hoc Jillani dissenting, found that Pakistan is under an obligation to inform Jadhav of his rights without further delay and is obliged to provide Indian consular officers access to him. The Court further found that appropriate reparation required Pakistan to provide, by means of its own choosing, effective review and reconsideration of Jadhav's conviction and sentence to ensure that full weight is given to the effect of the violation of his rights. Finally, the ICJ, again with Judge ad hoc Jillani dissenting, declared that a continued stay of execution constituted an indispensable condition for the effective review and reconsideration of Jadhav's conviction and sentence.
9
NELSON, Matthew J. "Indian Basic Structure Jurisprudence in the Islamic Republic of Pakistan: Reconfiguring the Constitutional Politics of Religion." Asian Journal of Comparative Law 13, no. 2 (December 2018): 333–57. http://dx.doi.org/10.1017/asjcl.2018.18.
Full textAbstract:
AbstractIn both India and Pakistan, parliament is constitutionally endowed with ‘constituent power’, that is, the power to introduce constitutional amendments via procedures laid down in the constitution itself. Duly promulgated amendments, however, are occasionally struck down when Supreme Court judges see them as violating what the judges themselves define as the ‘essential features’ of each country’s constitutional ‘basic structure’. I trace the migration of basic structure jurisprudence from India to Pakistan, focusing on the ways in which it has elevated the power of judges over that of elected officials in the realm of religion-state relations. Specifically, I highlight the ways in which judicial independence vis-à-vis judicial appointments has been described as an essential feature of each country’s constitution, greatly enhancing the autonomous power of judges to mould constitutional benches that, in turn, define India’s constitutional understanding of secularism and Pakistan’s relationship with Islam.
10
Jaffe, James. "The Indian Panchayat, Access to Knowledge and Criminal Prosecutions in Colonial Bombay, 1827–61." Law and History Review 38, no. 1 (February 2020): 47–74. http://dx.doi.org/10.1017/s0738248019000567.
Full textAbstract:
Throughout the mofussil of the Bombay Presidency British judges and magistrates called upon panchayats, that is, caste or village councils, to help them administer justice. By the mid-nineteenth century, panchayats were being deployed by British justices not only to offer their advice to judges attempting to decide a case, but much more frequently to investigate crimes, including murder, assault, robbery, arson, forgery, rape, and property disputes. Moreover, the active participation of the panchayat in the administration of criminal law varied as much in form as in function. In different scenarios, the panchayat functioned as a coroner's court, a criminal investigation team, and a general witnessing agent for the courts. With very few exceptions, they almost always appear in a supporting role on the prosecution side of any case offering their opinions on the crime in question in written form. Judges, for their part, appear to have relied quite heavily upon these recommendations and there are very few instances in which the panchayat's opinions were either ignored or rejected. There thus developed a hybrid system of justice whereby judges and magistrates adapted, transformed, and incorporated the expertise and knowledge of the ‘customary’ panchayat to suit the needs of British governance and legal administration.
11
Das Acevedo, Deepa. "From Mythic Saviours to #MeToo at the Indian Supreme Court." Asian Journal of Law and Society 8, no. 2 (June 2021): 226–54. http://dx.doi.org/10.1017/als.2021.20.
Full textAbstract:
AbstractThe Indian Supreme Court has long enjoyed an almost mythic reputation for progressive and creative jurisprudence, but a series of recent scandals is beginning to erode this well-settled authority. One of the most troubling of these incidents has been an allegation of sexual harassment and intimidation by a Court staffer against then sitting Chief Justice of India (CJI) Ranjan Gogoi. This article draws on media analysis and ethnographic research conducted in the immediate aftermath of the “CJI Scandal” to explore what it means for judges and judging in contemporary India. I argue that the justices’ response to the allegations are part of a broader shift in Indian judging. Far from being the product of an institution imbued with mythic qualities, judging in India is increasingly coming to represent an example of mythos, or “an assertive discourse of power and authority … something to be believed and obeyed.”
12
Sinith, M. S., Rahul M. Rajan, and Rajeev Rajan. "Tonic Pitch Estimation in South Indian Classical Music using DSP Processor." WSEAS TRANSACTIONS ON ACOUSTICS AND MUSIC 9 (May 7, 2022): 11–17. http://dx.doi.org/10.37394/232019.2022.9.3.
Full textAbstract:
In South Indian Classical Music, a performer chooses the tonic pitch as the reference note throughout the performance. The tonic pitch is the swara Sa in the middle octave range of a performance. Automatic tonic identification is essential in South Indian Classical Music to perform computational melodic analysis based on data. The identification of the tonic in real time is often required to judge the quality of the singer or instrumentalist. In this era of a musical reality shows, an autonomous electronic system for tonic identification is very relevant in which the system accurately judges the competitor in terms of tonic perfection. In this proposed method, a tonic identification is performed by using the characteristics extracted from the pitch histogram through frequency ratio method. A mathematical model is proposed based on the parameters of the tonal histogram for tonic identification. In this context, a Tonic identification system also implemented in a Texas Instruments TMS320C6713 Digital signal processor.
13
Kolsky, Elizabeth. "The Rule of Colonial Indifference: Rape on Trial in Early Colonial India, 1805–57." Journal of Asian Studies 69, no. 4 (November 2010): 1093–117. http://dx.doi.org/10.1017/s0021911810002937.
Full textAbstract:
This article explores the history of intraracial (Indian-on-Indian) rape in early colonial India. Though at times uneven and unpredictable in their rulings, British judges created a set of evidentiary requirements and a body of legal decisions that were as harsh on rape victims as the precolonial Islamic system was presumed to be. Despite the colonial promise of a more modern and humane criminal law, the gradual displacement of Islamic law did little to widen rape victims' path to legal remedy. English common law presumptions about the frequency of false charges and a suspicion of women's claims combined with a colonial insistence on the peculiarity of Indian culture to make it difficult for victims of rape to prevail in court. The colonial legal treatment of the “unsensational” crime of rape was rather unsensational. It largely reflected contemporary trends in England, which raises the important question of what was distinctively colonial about it.
14
Iyengar, Shalini, Nives Dolšak, and Aseem Prakash. "Selectively Assertive: Interventions of India’s Supreme Court to Enforce Environmental Laws." Sustainability 11, no. 24 (December 17, 2019): 7234. http://dx.doi.org/10.3390/su11247234.
Full textAbstract:
We examine why India’s Supreme Court has selectively intervened to enforce environmental laws. While the Indian Judiciary has substantial political insulation, judges recognize the need for tactical balancing to preserve the legitimacy of their institution. We examine four cases: judicial interventions to check water pollution from tanneries and to phase out diesel engines, and judicial non-intervention to prevent degradation of wetlands and to check crop burning in states adjacent to Delhi. We suggest that judges intervened to correct enforcement failure when they do not anticipate pushback from organized constituencies. Where judicial action imposes costs on a large number of actors and motivates protests from organized groups, the justices have tended to overlook enforcement failures. In sum, in spite of political insulation, judges remain attentive to the popular mood and interest-group politics.
15
Nazzari, Muriel. "Transition Toward Slavery: Changing Legal Practice Regarding Indians in Seventeenth-Century São Paulo." Americas 49, no. 2 (October 1992): 131–55. http://dx.doi.org/10.2307/1006988.
Full textAbstract:
A seventeenth-century inhabitant of São Paulo once remarked that Indians were “the most profitable property in this land.” Legally, however, Indians were not property at all, for the crown explicitly prohibited their enslavement. During most of the seventeenth century, the settlers of São Paulo complied with the letter of the law and did not officially give their Indian servants any monetary value, and though they often sold them, the sales were known to be illegal and were not usually recorded in public documents, such as the documents used for this study, inventários, settlements of estates. By the end of the century, however, local judges were openly allowing the monetary appraisal of Indians and their subsequent sale was duly recorded in inventários and other court processes.
16
Shriparkash. "Role of Judiciary to Sustain Constitutionalism." Integrated Journal for Research in Arts and Humanities 3, no. 1 (January 8, 2023): 18–22. http://dx.doi.org/10.55544/ijrah.3.1.4.
Full textAbstract:
All nations in the modern era embraced democratic political systems and welfare state ideologies, giving administrative agencies broad latitude to act as they see fit. In the lack of clear rules, etc., using those powers frequently becomes subjective. In order to guarantee that "the rule of law" is present in all governmental operations, it is, therefore, imperative to restrict discretionary powers. The Indian judiciary has been correctly cited as an illustration of this worldwide trend as courts have gained authority in recent years. The Indian Court has, in many respects, evolved into a model for good governance that judges the rest of the Indian government.
“On October 16, 2015, the Supreme Court of India (Supreme Court) issued a landmark judgment in NJLC. The judgment held unconstitutional the Ninety-ninth Amendment to the Indian Constitution, which established National Judicial Appointments Commission.
This Article argues that the Court has expanded its mandate as a result of the shortcomings of India’s representative institutions. The Indian Supreme Court’s institutional structure has also aided its rise and helps explain why the Court has gained more influence than most other judiciaries. This Article examines the development of India’s fundamental structure doctrine and the Court’s broad right-to-life jurisprudence to explore how the Court has enlarged its role.
17
CHATTERJEE, NANDINI. "Religious change, social conflict and legal competition: the emergence of Christian personal law in colonial India." Modern Asian Studies 44, no. 6 (April 21, 2010): 1147–95. http://dx.doi.org/10.1017/s0026749x09990394.
Full textAbstract:
AbstractOne of the most contentious political issues in postcolonial India is the unfulfilled project of a ‘uniform civil code’ which would override the existing ‘personal laws’ or religion-based laws of domestic relations, inheritance and religious institutions. If the personal laws are admitted to be preserved (if somewhat distorted) remnants of ‘religious laws’, then the legitimacy of state intervention is called into question, especially since the Indian state claims to be secular. This paper, by discussing the history of the lesser-known Christian personal law, demonstrates that this conundrum is of considerable heritage. From the earliest days of British imperial rule in India, the quest to establish a universal body of law conflicted with other legal principles which upheld difference: that of religion, as well as race. It was the historical role of Indian Christians to occasion legal dilemmas regarding the jurisdictions of British and ‘native’ law, and concurrently about the identity of people subject to those different laws. In trying to discover who the Indian Christians were, and what laws ought to apply to them, British judges had perforce to reflect on who the ‘British’ were, whilst also dealing with conflicting collective claims made by Hindus, Muslims, Parsis, and Christians themselves about their own identity and religious rights. The Indian Christian personal law was an unintended by-product of this process, a finding which throws light both on the dynamics of colonial legislation, and on the essentially modern nature of Indian personal laws.
18
Smirnov, Evgeniy R., Yana V. Beznosova, Faridun Z. Zavurbekov, and Nikolay V. Ostroumov. "Animals as objects of legal protection in the Republic of India." Vestnik of Kostroma State University 27, no. 2 (June 28, 2021): 181–86. http://dx.doi.org/10.34216/1998-0817-2021-27-2-181-186.
Full textAbstract:
The article analyses the legal acts of the modern Republic of India aimed at protecting animals from human actions that cause physical and mental suffering. It is emphasised that the Indian legislator recognises the presence of feelings, emotions, experiences and consciousness in animals. The authors studied the report of the World Society for the Protection of Animals, which contains information on the state of legislation and judicial practice in this area. The authors drew attention to the position of Indian judges who explicitly recognise the existence of special rights for animals that are subject to legal protection. The article deals with the issues of legal regulation of the protection of wild, agricultural, laboratory, domestic, circus and captive animals. In relation to each of these categories, there are special legal acts that confirm the commitment of the Indian state to the principle of "ahimsa", which has existed in this country since ancient times, i.e., humane treatment of all living beings. India's legislation dealing with animal welfare issues is progressive compared to many states where such issues are not a priority. Noting the unconditional achievements of the Republic of India in the field of animal protection, the authors did not ignore the existing problems of law enforcement practice that require immediate solutions.
19
Srishyla, L. "JUDICIAL ACTIVISM IN INDIAN DEMOCRACY." SCHOLARLY RESEARCH JOURNAL FOR HUMANITY SCIENCE AND ENGLISH LANGUAGE 9, no. 47 (October 1, 2021): 11477–84. http://dx.doi.org/10.21922/srjhsel.v9i47.7716.
Full textAbstract:
Judicial Activism is a powerful weapon, which the judges have to wield to Sub serves the ends of justice by making the law responsive to the felt necessities of the changing times. The scope of judicial activism varies with the courts power of Judicial Review. The judicial activism is use of judicial power to articulate and enforce what is beneficial for the society in general and people at large. Supreme Court despite its constitutional Limitation has come up with flying colors as a champion of justice in the true sense of The word .JUSTICE…this seven letter word is one of the most debated one sin the entire English dictionary. With the entire world population being linked to it, there is no doubt about the fact that with changing tongues the definition does change. The judicial activism has touched almost every aspect of life in India to do positive justice and in the process has gone beyond, what is prescribed by law or written in black and white. This article covers definition, Theories of judicial activism, development of Judicial Activism in India, Judicial Activism in various periods.
20
Nandini and Sakshi. "USE OF CAD FOR APPAREL DESIGNING USING DECORATIVE MOTIFS OF JAMA MASJID." International Journal of Research -GRANTHAALAYAH 6, no. 11 (November 30, 2018): 345–49. http://dx.doi.org/10.29121/granthaalayah.v6.i11.2018.1137.
Full textAbstract:
Indian has a rich collection of monuments belonging to different periods of history, with motifs of respective periods. These structures are being damaged due to various reasons, in order to preserve the decorative motifs of monuments the present study was planned with an objective to collect the motifs of Jama Masjid, Fatehpur Sikri and apply them on kurti to preserve the motifs and to diversify the product as consumers are demanding for new designs in apparels. The motifs were collected from the site and were used for apparel designing using Corel Draw software. Collected motifs were classified into broad and narrow border design, central design, and buti designs. These were used for designing on kurti using Computer aided designing. The designed products were evaluated by a panel of judges. The judges appreciated the motifs selected for designing and also had an opinion that if such products are available in the market, they will purchase them. The judges also suggested that such products can also be sold at the historical places as tourist visit and can purchase them as the souvenir of that place.
21
Medina, Charles Beatty. "Caught between Rivals: The Spanish-African Maroon Competition for Captive Indian Labor in the Region of Esmeraldas during the Late Sixteenth and Early Seventeenth Centuries." Americas 63, no. 1 (July 2006): 113–36. http://dx.doi.org/10.1017/s0003161500062544.
Full textAbstract:
In 1586, the royal audiencia of Quito received a letter from a fugitive African slave written with the aid of an itinerant Spanish missionary. The judges were dismayed by what they read. The African, Alonso de Illescas, head of one of the maroon communities that had been flourishing on the coast of Esmeraldas since 1553, petitioned the court with a proposition and a veiled threat. The proposal implored the judges to honor an earlier promise giving Illescas political authority over Esmeraldas, the coastal province comprising the maroons’ homeland, and to desist in their plans to establish Spanish settlers in the region.
22
Dutta, Sagnik. "Divorce, kinship, and errant wives: Islamic feminism in India, and the everyday life of divorce and maintenance." Ethnicities 21, no. 3 (March 3, 2021): 454–76. http://dx.doi.org/10.1177/1468796821999904.
Full textAbstract:
This article is an ethnographic exploration of a women’s sharia court in Mumbai, a part of a network of such courts run by women qazi (Islamic judges) established across India by members of an Islamic feminist movement called the Bharatiya Muslim Mahila Andolan (Indian Muslim Women’s Movement). Building upon observations of adjudication, counselling, and mediation offered in cases of divorce and maintenance by the woman qazi (judge), and the claims made by women litigants on the court, this article explores the imaginaries of the heterosexual family and gendered kinship roles that constitute the everyday social life of Islamic feminism. I show how the heterosexual family is conceptualised as a fragile and violent institution, and divorce is considered an escape route from the same. I also trace how gendered kinship roles in the heterosexual conjugal family are overturned as men fail in their conventional roles as providers and women become breadwinners in the family. In tracing the range of negotiations around the gendered family, I argue that the social life of Islamic feminism eludes the discourses and categories of statist legal reform. I contribute to existing scholarship on Islamic feminism by exploring the tension between the institutionalist and everyday aspects of Islamic feminist movements, and by exploring the range of kinship negotiations around the gendered family that take place in the shadow of the rhetoric of ‘law reform’ for Muslim communities in India.
23
Tripathi, Anand Awadhesh, Ragni Pradip Tandon, and Navin Hantodkar. "Facial Divine Proportions in Attractive North Indian Females: A Photographic Study." World Journal of Dentistry 4, no. 1 (2013): 41–46. http://dx.doi.org/10.5005/jp-journals-10015-1200.
Full textAbstract:
ABSTRACT Purpose The purpose of the study is to find the divine proportion in young attractive North Indian women. Materials and methods Thirty young unmarried women perceived to be attractive out of 100 subjects (18-26 years age group) representing North Indian population were selected by a panel of judges from different background. Divine proportions were evaluated in these women by using Ricketts RM (1982) Divine Proportion Analysis on frontal facial photographs. Results and observations The subjects in the group adhered to the golden proportions. The ‘t’ test was significant (t < 2.05) for facial height and width ratios. Conclusion Ratios in transverse and vertical dimension as well as soft tissue of attractive face affirm to the divine proportion. How to cite this article Tripathi AA, Tandon RP, Hantodkar N. Facial Divine Proportions in Attractive North Indian Females: A Photographic Study. World J Dent 2013;4(1):41-46.
24
Krasheninnikova, Nina, and Elena Trikoz. "Institute of Punishment in the Indian Penal Code of 1860: the Penological Theories." Russian Journal of Criminology 12, no. 3 (June 18, 2018): 431–43. http://dx.doi.org/10.17150/2500-4255.2018.12(3).431-443.
Full textAbstract:
The historical experience of India in search of its own concept of punishment is unique. It was greatly influenced by the countrys colonial past and the Anglo-Saxon legal culture as well as the philosophical, religious, ethno-linguistic, caste, tribal and other factors. The Indian Penal Code of 1860 uses an original penological construct and a system of punishments. It was influenced by the historical and theoretical factors described in this article, by criminal policy in British India and by its post-colonial development. The countrys penological discourse, influenced by the criminal law doctrine of the metropolitan state, has two distinct features. Firstly, it is the diversity of types of punishment and judges discretion in choosing them to individualize liability. Secondly, the humanitarian orientation of the institute of punishment and the reduction in the number of crimes punishable by death penalty. English lawyer Th.B. Macaulay, the creator of the Indian Penal Code of 1860, considered general prevention, or deterrence, to be the main goal of punishment, while specific prevention through the physical isolation of the criminal and his correction was viewed as a complimentary goal. It was important for the colonial criminal policy to obtain tangible results from the penological theory and the practices of punishment in order to suppress the local ritual crimes (cult «thuggism») and traditional ritual sacrifices (sati ritual). After a large-scale sepoy rebellion and the spread of dacoity crimes, the repressive functions of punishment began to prevail over other penological theories. The so-called «white terror» was commonly used against political opponents fighting for religious freedoms and independence of colonial India. Modern India is a good example of the controversial experience of the search for the effective criminal-penological theories that is a considerable addition to the classic (westernized) criminology. The special historical concepts and practices of punishment in the countries of the «global south», including India, are now studied by the new field of «Southern Criminology». The Indian government is promoting a complex criminal-penological approach to counteracting domestic crimes and transnational threats.
25
De, Rohit. "“A Peripatetic World Court” Cosmopolitan Courts, Nationalist Judges and the Indian Appeal to the Privy Council." Law and History Review 32, no. 4 (October 14, 2014): 821–51. http://dx.doi.org/10.1017/s0738248014000455.
Full textAbstract:
In early 1943, Lord Wilfred Green, the Master of Rolls and the head of the Chancery Division of the British judiciary, authored a secret memorandum proposing that the Judicial Committee of the Privy Council become a “peripatetic court” that would travel throughout the British Empire. This article explores the origins and politics of this proposal to provide a critical re-description of the role of the Privy Council and the circulation of law within the British Empire.
26
Vasagan, V. T. "Alternative Dispute Resolution at Delhi Mediating Centers: An Analytical Study." VISION: Journal of Indian Taxation 9, no. 2 (2022): 39–56. http://dx.doi.org/10.17492/jpi.vision.v9i2.922203.
Full textAbstract:
Disputes can be resolved outside of the court system by using alternative dispute resolution (ADR). It serves as a means of resolving disputes between parties outside litigation. In India, 33.84 million cases are pending in district courts, while 4.57 million cases are pending in high courts. In addition, there is a huge shortage of judges in district and high courts. It is impossible to get a case resolved quickly in due to overcrowding. Besides, Indian judiciary is encouraging people to settle disputes through ADR system. The present study identified 6 mediating centers located at Delhi. It has been found that there is a positive impact of cases refereed for mediation on cases mediated and cases settled through ADR. Hence, it has been concluded that ADR has strong impact on the settlement disputes and mediating centers are well functioning in handling of disputes.
27
Corby, Susan, Pete Burgess, Armin Höland, Hélène Michel, and Laurent Willemez. "Lay and Professional Judges in Europe’s Labour Courts: Does the Professional Judge Dominate?" Industrial Law Journal 49, no. 2 (August 23, 2019): 231–57. http://dx.doi.org/10.1093/indlaw/dwz012.
Full textAbstract:
Abstract Several European countries have a first instance ‘mixed’ labour court, that is a judicial panel comprising a professional judge and two or more lay judges, the latter with experience as employees or employers/managers. The lay judges’ main contribution is their workplace knowledge, but they act in a juridical setting where legal norms prevail, so does the professional judge, despite being in a minority, dominate? This article seeks to address this question by focussing on first instance labour courts in Great Britain, Germany and France. Theories of differential power, particularly status characteristics theory, and previous empirical research indicate that professional judges dominate, but our findings are more nuanced. Based on 177 interviews in three countries, we find that professional judge dominance varies according to the country’s institutional context and the salience of lay judges’ workplace knowledge. These institutional differences, however, are mediated by the attitudes of the judicial actors. Many interviewees noted that some lay judges were more prepared to challenge the professional judge than others, whereas others observed that some professional judges were more inclusive than others.
28
Muralidhar, S. "Appearing in Court in India: Challenges in Representing the Marginalised." CASTE / A Global Journal on Social Exclusion 3, no. 2 (October 28, 2022): 421–41. http://dx.doi.org/10.26812/caste.v3i2.452.
Full textAbstract:
This article reflects on the challenges faced in the process of improving access to justice and representation of the marginalized communities in the legal system. The author has drawn reflections from his own career as a human rights lawyer. Explaining this, the author first highlights the barriers faced by marginalized communities in the legal system, and then narrates the challenges faced by those who seek to represent the marginalised or espouse their causes. The emphasis of the article is on understanding what it means to be a marginalised person facing the barriers of the system. Lastly, the article suggests institutional measures to approach the challenges thrown up in the process of representing the marginalised.
Acknowledgements
The author acknowledges Mohd. Arsalan Ahmed, Aligarh Muslim University for his assistance in editing the article in the format required by the CASTE: A Global Journal on Social Exclusion.
The Editors of the Journal are grateful to CEDE team (Community for the Eradication of Discrimination in Education and Employment), for facilitating the process of publishing this article in the Journal. CEDE is a network of lawyers, law firms, judges, and other organisations and individuals, who are committed towards reforming the Indian legal profession. It was founded in April 2021 by Disha Wadekar (Lawyer, Supreme Court of India), Anurag Bhaskar (Assistant Professor, O.P. Jindal Global University, India), and Avinash Mathews (Lawyer, Supreme Court of India). Since its inception, CEDE is organising annual Dr Ambedkar Memorial Lectures. The first inaugural lecture in 2021 was delivered by Dr. Justice DY Chandrachud (Judge, Supreme Court of India) on the topic “Why Representation Matters”. On 14 April 2022, Dr. S. Muralidhar (Chief Justice, High Court of Orissa) delivered the second annual lecture on the topic “Appearing in Court: Challenges in Representing the Marginalised”. This article is an edited version of the lecture delivered by Dr. Justice Muralidhar.
29
Hodges, Leonard. "Between Litigation and Arbitration: Administering Legal Pluralism in Eighteenth-Century Bombay." Itinerario 42, no. 3 (December 2018): 490–515. http://dx.doi.org/10.1017/s0165115318000633.
Full textAbstract:
This article uses the records of the Bombay Mayor’s Court (1728–1798) to explore the ways in which an ostensibly English court of law attempted to administer law in a way that was acceptable to a cosmopolitan cast of litigants. I show how, due to the Court’s popularity with Indian litigants, and the difficulties of its hybrid jurisprudence, the Court eventually moved to a model of formalised arbitration. In this arrangement, local Indian elites exercised considerable autonomy, while British judges gained an illicit commission. As such, the evidence from the Mayor’s Court points to a novel iteration of legal pluralism in which ill-defined legal regimes came to blur and blend with each other in a single forum. I argue that this forces us to reconceptualise solely jurisdictional definitions of legal pluralism, which must be complimented with the study of a court’s ‘jurispractice’.
30
Lawson, Kate. "INDIAN MUTINY/ENGLISH MUTINY: NATIONAL GOVERNANCE IN CHARLOTTE YONGE'S THE CLEVER WOMAN OF THE FAMILY." Victorian Literature and Culture 42, no. 3 (June 6, 2014): 439–55. http://dx.doi.org/10.1017/s1060150314000084.
Full textAbstract:
In the opening chapter of Charlotte Mary Yonge's The Clever Woman of the Family, six-year-old Francis Temple, on first having “the pebbly beach, bathing machines and fishing boats” of the English seaside pointed out to him, judges it all to be “ugly and cold.” “I shall go home to Melbourne when I am a man,” he declares (53; ch. 1). This early and unfavourable contrast between England and one of its colonies exemplifies the novel's larger project of judging England and English society through values established in colonial locales, a project that reaches its apogee when Francis and his older brother Conrade judge the conduct of a cruel and duplicitous Englishwoman to be “as bad as the Sepoys” and thus hope that she will be “blown from the mouth of a cannon” (340, 342; ch. 18). While the narrator comments that here the children exhibit “some confusion between mutineers and Englishwomen,” the narrative in its entirety suggests that such “confusion” is founded on a reasonably astute appraisal of colonial history and contemporary English society (342; ch. 18). Published in 1865, with memories of the Indian “Mutiny” of 1857–59 fresh in the public's mind, The Clever Woman of the Family is a critique of contemporary England and English values viewed through a colonial and military lens. More particularly, the novel records the after effects of the “Mutiny” – when sepoys were indeed “blown from the mouth of a cannon” – on early 1860s England, as characters shaped by the “Indian war” and bearing scars both physical and emotional flock home to the small English seaside town of Avonmouth (120; ch. 5). These characters, all associated with the British Army, were involved in some of the key events of the “Mutiny,” such as the siege of Delhi, and include in their number a young wounded war hero, Captain Alick Keith, winner of the Victoria Cross. The novel's older hero is Colonel Colin Keith, also recovering from wounds sustained in India. Under his protection is Lady Fanny Temple, widow of General Sir Stephen Temple, with her seven young children born, severally, in the Cape Colony, India and Australia. Together these characters – shaped by their experiences in the empire and the army – confront and then transform the England to which they return.
31
Shah, Prakash. "Transnational Hindu law adoptions: recognition and treatment in Britain." International Journal of Law in Context 5, no. 2 (June 2009): 107–30. http://dx.doi.org/10.1017/s1744552309990036.
Full textAbstract:
This article examines how the adoption of children under Hindu law in India is regarded by British private international law and immigration law. Through an analysis of case-law, it focuses particularly on how British judges regard the legitimacy of exclusion by the British immigration control system of children who have been adopted under a ‘foreign’ legal system which essentially permits private adoption arrangements. Examining the background to the regime of Indian Hindu law adoptions (which applies to Sikhs as well as Hindus), and the private international law and immigration rules which apply to such adoptees in the UK, the article finds some evidence in the judicial decisions of a more activist, human-rights-based, plurality-conscious position being taken. However, tracking the case-law further, the article concludes that such activism has not been followed through in more recent decisions leaving the conflictual position between transnational adopters and British legal systems largely unresolved.
32
Rutz, Henry J. "Capitalizing on Culture: Moral Ironies in Urban Fiji." Comparative Studies in Society and History 29, no. 3 (July 1987): 533–57. http://dx.doi.org/10.1017/s0010417500014717.
Full textAbstract:
To an historian or anthropologist familiar with land problems in Fiji, nothing would have been less predictable than the urban discontents over land rights since independence, for these disturbances, in an ethnically plural society whose colonial history is marked by hostility between Indians and Fijians, were among the Fijians themselves. During the whole of the colonial period, from cession of the islands to Britain in 1874 to independence in 1970, the coexistence of Europeans, Indians (first imported as indentured labor), and Fijians had been forged out of land law. Successive colonial administrations labored for four decades around the turn of the century to secure for Fijians a precapitalist system of property rights that would become a bulwark against encroachment by a white planter and settler community. The system “by law established” subsequently became the basis for hostility between several generations of rural Fijian landowners and a growing number of landless Indian peasants. By the time self-government arrived in the mid-1960s, Indian access to land and Fijian resistance thereto was the most important issue threatening the stability of the new state, and government-commissioned reports and legislative acts pointed to this conflict of interest as the most significant problem for an independent Fiji. But the authoritative history written from commission reports and based on administrative policy often conceals another history, that formed by the experience of everyday life, where opposed groups confront each other over interests not always visible to legislators and judges, and often less so to scholarly observers.
33
Kalra, Saaransh, Dinesh Kumar Bagga, and Poonam Agrawal. "Evaluation of various anthropometric proportions in Indian beautiful faces: A photographic study." APOS Trends in Orthodontics 5 (August 24, 2015): 190–96. http://dx.doi.org/10.4103/2321-1407.163418.
Full textAbstract:
Introduction The subject of beauty has been the topic of much debate throughout history, and methods for the evaluation of beauty have been the focus of many research projects. The evaluation of beauty is influenced by factors which include various linear measurements, angles, ratios, and proportions. We evaluated several ratios in Indian Population after locating various landmarks on beautiful Indian faces. Aims and Objectives The aim of the present study was to evaluate various facial proportions of Indian beauties using their frontal photographs in natural head position to establish anthropometric norms in beautiful Indian females. To evaluate whether these values satisfy golden and silver proportions. To compare these values with Caucasian anthropometric norms. Materials and Methods Frontal photographs of 30 female celebrities were downloaded from the internet. Photographs of only those Indian beauties that have been declared winners of either national or international beauty contests by a designated panel of judges were included in this study. Hardcopy of these photographs was taken in 5 inch by 3.5 inch format, all the measurements done and ratios calculated. Results Measurements were tabulated and values for various ratios were calculated to establish norms. Coefficient of variation was also evaluated. Conclusion All the ratios were found to be consistent than others which made it possible to assess beauty objectively rather than arbitrarily. Most of the values did not match the golden and silver proportion. In comparison with Caucasian population, we found that there is significant difference in most of the values.
34
Chen, Siyuan. "Redefining Relevancy and Exclusionary Discretion in Sir James Fitzjames Stephen’s Indian Evidence Act of 1872: The Singapore Experiment and Lessons for Other Indian Evidence Act Jurisdictions." International Commentary on Evidence 10, no. 1 (January 1, 2012): 1–53. http://dx.doi.org/10.1515/ice-2014-0006.
Full textAbstract:
AbstractIn many jurisdictions, the rules of evidence can often be instrumental in determining the outcome of a dispute. But to what extent can evidence law be controlled by codification, or is it better to leave its regulation and development to the judges via common law? In an attempt to bridge the gap between the rules of an antiquated evidence statute and the modern realities of practice, Singapore’s Evidence Act was amended in 2012. Certain relevancy provisions were amended to allow greater admissibility of evidence, while new provisions were introduced to act as a check against abuse. However, it will be argued that these amendments have changed the paradigm of the admissibility of evidence under the statute and have also done little to clarify existing ambiguities in the law. This paper explains why and, given the near-complete absence of case law that has interpreted the amendments, offers a few tentative suggestions on possible ways forward. To the extent that Singapore’s Evidence Act was largely modelled after Stephen’s Indian Evidence Act of 1872, Singapore’s 2012 amendments may be of comparative interest to readers in a number of jurisdictions around the world particularly those in Asia such as Bangladesh, Brunei, Burma, Malaysia and Sri Lanka – these countries had adopted the iconic statute to varying degrees – and of course, to India itself. Many of these jurisdictions have also not made major amendments to their evidence legislation, and therefore there may be something to learn ahead of time from Singapore’s experiment.
35
Manisha Gahlot and Vandana Bhandari, LaimayumJogeeta Devi, Anita Rani. "Traditional arts and crafts: Responsible lifestyle products design through heat transfer printing." International Journal for Modern Trends in Science and Technology 06, no. 9S (October 16, 2020): 234–41. http://dx.doi.org/10.46501/ijmtst0609s34.
Full textAbstract:
Sustainability is the key to responsible production and conservation of environment, which is the need of the hour. Indian motifs based on traditional textile arts and crafts have always been a source of inspiration not only to Indian designers but also have intrigued global designers. These motifs can be adapted into lifestyle products through modern techniques of surface enrichment. Lifestyle products hold a lucrative market in the textile sector. Apron is one such lifestyle product which falls under the category of accessories. This study explores how traditional knowledge of Indian arts and crafts can open up avenues for responsible designing of lifestyle products. In the present study, fifty motifs/designs from textile and architectural sources of Manipur were collected from secondary sources, adapted and simplified for application in kitchen apron using CorelDraw X3 software. Ten adapted designs were selected through visual inspection by a panel of thirty judges. The design arrangements were developed for kitchen apron by preparing line patterns, motifs/designs layout and colourways, respectively. The outcome of every step was visually evaluated by the same panel of thirty judges, except for the line patterns, on five point scale. The prototype scoring highest weighted mean score i.e., rank I was selected for further developing the following consequent steps. The finalized designs were printed on the paper using disperse dyes. The printed papers were then used to transfer designs on the constructed and finished apron made of polyester/cotton blended fabric. The cost of apron was estimated Rs. 244/- which can be reduced if produced in bulk. Consumer assessment was carried out for the printed apron on various aesthetic parameters. Consumers’ acceptance for the printed apron was found high which reflected its marketability owing to uniqueness of the motifs, traditional values associated with the traditional motifs of Manipur, sharpness of design lines, the clarity of prints and the reasonable price. Thus, study outcome revealed that the designs inspired from traditional textile arts and crafts of Manipur can be successfully rejuvenated into lifestyle products through heat transfer printing which is environmentally feasible, socially acceptable and economically viable.
36
Ramnath, Kalyani. "Making Maritime Boundaries in the Bay of Bengal." Law and History Review 40, no. 3 (August 2022): 561–78. http://dx.doi.org/10.1017/s0738248022000396.
Full textAbstract:
This essay explores the making of maritime boundaries in the Bay of Bengal in the northern Indian Ocean, emphasizing the role of visualizations in establishing states' jurisdictional claims to unstable coasts and ephemeral islands. These include colonial-era revenue surveys of the Sunderbans, sketches of land formation in the Godavari delta appended to case papers in litigations, nautical charts and inspection reports of the seabed in the Gulf of Mannar, maps drawn at the time of partitioning the subcontinent in South Asia and satellite imagery of the Bay's littoral. These visualizations are the everyday materials that delineate sea space in law, as judges, lawyers and states navigate fluidity and fixity, accuracy and equity in international law.
37
Chatterjee, Nandini. "Mahzar-namas in the Mughal and British Empires: The Uses of an Indo-Islamic Legal Form." Comparative Studies in Society and History 58, no. 2 (March 29, 2016): 379–406. http://dx.doi.org/10.1017/s0010417516000116.
Full textAbstract:
AbstractThis paper looks at a Persian-language documentary form called the mahzar-nama that was widely used in India between the seventeenth and nineteenth centuries to narrate, represent, and record antecedents, entitlements, and injuries with a view to securing legal rights and redressing legal wrongs. Mahzars were a known documentary form in Islamic law and used by qazis (Islamic judges) in many other parts of the world, but in India they took a number of distinctive forms. The specific form of Indian mahzar-namas that I focus on here was, broadly speaking, a legal document of testimony, narrated in the first person, in a form standardized by predominantly non-Muslim scribes, endorsed in writing by the author's fellow community members and/or professional or social contacts, and notarized by a qazi's seal. This specific legal form was part of a much broader genre of declarative texts that were also known as mahzars in India. I examine the legal mahzar-namas together with the other kinds of mahzars, and situate them in relation to Indo-Islamic jurisprudential texts and Persian-language formularies. What emerges is a distinctive Indo-Islamic legal culture in contact with the wider Islamic and Persianate worlds of jurisprudence and documentary culture, but responsive to the unique socio-political formations of early modern India. I also reflect on the meanings of law, including Islamic law, for South Asians and trace the evolution of that understanding across the historical transition to colonialism.
38
Mehta, Megha Hemant. "Is There Such a Thing as “Future Dangerousness”? Examining Capital Sentencing Jurisprudence in India After Anil Anthony." New Criminal Law Review 22, no. 2 (2019): 200–222. http://dx.doi.org/10.1525/nclr.2019.22.2.200.
Full textAbstract:
The Supreme Court of India in Bachan Singh v. State of Punjab, listed “future dangerousness” of the accused as one of the factors the court must consider when awarding the death sentence. The burden of proof lies on the State to prove the same. This standard has been inconsistently applied in Indian capital sentencing jurisprudence. In Anil Anthony, the most recent decision on this issue, the Supreme Court held that determination of future dangerousness cannot be based on the facts of the case. However, in earlier decisions such as Gurdev Singh, the court concluded that the brutality of the crime ruled out the possibility of reform. This article argues, drawing on a comparative analysis with the United States, that though future dangerousness is an inevitable “fact in issue” for judges, the evidence that may be adduced does not meet the standards required for the imposition of the death penalty. Thus, future dangerousness as a determining factor during sentencing is a ground for challenging the constitutionality of the death penalty itself. In the interim, Anil Anthony is a better standard to apply, as compared to both Bachan Singh and Gurdev Singh, in principle as well as in practice.
39
Dafauti, Balam Singh. "E-Era of Jurisdiction:Empowering Traditional Courts Using Various Artificial Intelligence Tools." Asian Journal of Computer Science and Technology 7, no. 2 (August 5, 2018): 57–61. http://dx.doi.org/10.51983/ajcst-2018.7.2.1872.
Full textAbstract:
In Indian scenario, we are still in the transformation phase from manual to electronic data processing. We are in balanced combination of simple, moral, responsive and transparent governance and IT tools and techniques. However a lot of scope is still there to do more and to imply IT in various governmental departments and domains. In the same sequence we can use artificial intelligence along with cloud computing to improve Indian Judicial system. Or we can say that the concept of e-courts can be enhanced by implying AI tools and techniques. The judiciary is in the early stages of a transformation in which AI (Artificial Intelligence) technology will help to make the judicial process faster, cheaper, and more predictable without compromising the integrity of judges’ discretionary reasoning. In this paper I have proposed a solution where judicial system with AI contributes to a process that encompasses such a wide range of knowledge, judgment, and experience. It have two more practical goals: producing tools to support judicial activities, including programs for intelligent document assembly, case retrieval, and support for discretionary decision-making; and developing new analytical tools for understanding and modeling the judicial process.
40
Muskaan Dalal. "Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469." Legal Research Development: An International Refereed e-Journal 6, no. III (March 30, 2022): 16–18. http://dx.doi.org/10.53724/lrd/v6n3.07.
Full textAbstract:
The research article titled “Permanent Commission and Gender Equality- a Step Forward” is a case commentary on the case of Secretary, Ministry of Defence v. Babita Puniya; (2020) 7 SCC 469 which is a recent judgment granting Permanent Commission to the women officers in the Indian Armed Forces. The article provides a background of the case which basically involves the discussion about the main issue i.e., permanent commission and why it is important for the women officers and how the non-granting of the same led to gender inequality. Then, it moves onto the main facts, issues and judgment of the case in brief along with a detailed analysis of the opinions of the judges and how it is a landmark and a progressive judgment in terms of gender equality. The conclusion provides the suggestions and the author’s take on the issue.
41
Sezgin, Yüksel, and Mirjam Künkler. "Regulation of “Religion” and the “Religious”: The Politics of Judicialization and Bureaucratization in India and Indonesia." Comparative Studies in Society and History 56, no. 2 (April 2014): 448–78. http://dx.doi.org/10.1017/s0010417514000103.
Full textAbstract:
AbstractThis article compares the strategies through which Hindu-majority India and Muslim-majority Indonesia have regulated religion and addressed questions of what constitutes “the religious” in the post-independence period. We show that the dominant approach pursued by the Indian state has been one of judicialization—the delegation of religious questions to the high courts—while in Indonesia it has predominantly been one of bureaucratization—the regulation of religious issues by the Ministry of Religious Affairs. Contrary to the expectation that judicialization devitalizes normative conflicts while bureaucratization, more frequently associated with authoritarian politics, “locks” these conflicts “in,” we show that these expectations have not materialized, and at times, the effects have been reverse. Engaging the literatures on judicialization and on bureaucratization, we argue that what determines the consequences of the policy toward religion is less the choice of the implementing institution (i.e., the judiciary or bureaucracy) than the mode of delegation (vertical versus horizontal) which shapes the relationship between the policy-maker and the institution implementing it. Bureaucrats, judges, and elected politicians in multicultural societies around the world encounter questions of religious nature very similar to those that authorities in India and Indonesia have faced. How they address the challenge of religious heterogeneity has a profound impact on prospects of nation-building and democratization. It is therefore imperative that the consequences of the policy toward religion, and even more so the consequences of political delegation, be studied more systematically.
42
Arti Sharma. "A Critical Study of Human Rights of Accused In India." Legal Research Development: An International Refereed e-Journal 1, no. IV (June 30, 2017): 32–38. http://dx.doi.org/10.53724/lrd/v1n4.04.
Full textAbstract:
Human rights have been provided to all being human by birth and human rights are inherentin human. Human rights relating to accused persons have been covered as the fundamental rights, rights under the Universal Declaration of Human rights 1948, I.C.C.P.R 1966, Constitutional rights & Criminal Procedures rights and other connected. Now a day’s The Indian Judiciary is functioningas watchful sentinel and playing the important role for the protection & preservation of human rights of the people as well as accused persons. Justice is for all beyond all kind of biases. No person should be refused from the justice so the accused persons also belong to human family hence human rights also have been furnished to them. This research paper has been specifically focused on theHuman rights of accused persons which is useful and helpful for Judges, Prosecutors, Lawyers, Lecturers, Students, NGOs and other Organization also.
43
Mukhopadhyay, Aju. "Tagore and Naipaul on Indian and European Civilisations: Patriotic and Biassed Views Changed their Perspectives." IJOHMN (International Journal online of Humanities) 4, no. 2 (October 10, 2018): 1–13. http://dx.doi.org/10.24113/ijohmn.v4i2.73.
Full textAbstract:
V. S. Naipaul was writer of Indian origin writer settled in Great Britain and Rabindranath Tagore was Bengali writer born and brought up in India. Both were Nobel Laureates in Literature. Based on their overall behavior and treatment with the colonized people, Tagore a patriot to the core, saw and judged the foreign colonisers from his Indian patriotic point of view. He realised how and why they sucked India for their own benefit to the utter neglect of Indians. But Naipaul’s ancestors migrated perhaps under compulsion to the Caribbean islands where Naipaul was born (Chaguanas, Trinidad and Tobagos). He settled in England and stayed put there for the major part of his life. Compared to his background Britain was new found paradise for him. Ambitious, he studied English and was imbued in their culture. He wrote as if Britain was more than his birth land. He was awarded Nobel Prize as a British, a European. From his perspective he was not only indebted but deeply moved to love that country and continent. His name and fame spread from there. India had nothing to do about it except his Indian origin background taking the clue from his ancestors. He had some tilt towards India nothing of it remained when India was compared to Britan or Europe. He was obliged to see the world through their spectacles. His ideas and favour for Britain and Europe was generated by his position and interest in life. Judged Neutrally it was a biased view.
44
Krishnaveni, Ghattu V., Sargoor R. Veena, Matt Johnson, Kalyanaraman Kumaran, Alexander Jones, Dattatray S. Bhat, Chittaranjan S. Yajnik, and Caroline H. D. Fall. "Maternal B12, Folate and Homocysteine Concentrations and Offspring Cortisol and Cardiovascular Responses to Stress." Journal of Clinical Endocrinology & Metabolism 105, no. 7 (March 24, 2020): e2591-e2599. http://dx.doi.org/10.1210/clinem/dgz114.
Full textAbstract:
Abstract Context Imbalances in maternal 1-carbon nutrients (vitamin B12, folate) have been shown to be associated with higher offspring cardiometabolic risk markers in India. Objective We examined the hypothesis that low plasma vitamin B12 (B12) and high folate and homocysteine concentrations in the mother are associated with higher hypothalamic–pituitary–adrenal axis (cortisol) and cardiovascular responses during the Trier Social Stress Test for Children (TSST-C) in an Indian birth cohort. Methods Adolescents (n = 264; mean age: 13.6 years), whose mothers’ plasma B12, folate and total homocysteine concentrations had been measured during pregnancy, completed 5-minutes each of public speaking and mental arithmetic tasks in front of 2 unfamiliar “judges” (TSST-C). Baseline and poststress salivary cortisol concentrations were measured. Heart rate, blood pressure, stroke volume, cardiac output, and total peripheral resistance were measured continuously at baseline, during the TSST-C, and for 10 minutes after the TSST-C using a finger cuff; beat-to-beat values were averaged for these periods, respectively. Results Maternal low B12 status (plasma B12 < 150 pmol/L) was associated with greater cortisol responses to stress in the offspring (P < .001). Higher homocysteine concentrations were associated with greater offspring heart rate response (P < .001). After adjustment for multiple comparisons, there were nonsignificant associations between higher maternal folate concentrations and offspring total peripheral resistance response (P = .01). Conclusion Our findings suggest that maternal 1-carbon nutritional status may have long-term programming implications for offspring neuroendocrine stress responses.
45
Engel, David M. "Judging and Judgment in Contemporary Asia: Editor’s Introduction to this Special Issue." Asian Journal of Law and Society 8, no. 2 (June 2021): 199–205. http://dx.doi.org/10.1017/als.2020.25.
Full textAbstract:
AbstractAlthough the figure of the wise judge may be a universal trope, respect is not automatically accorded every person who passes judgment on another. To be perceived as legitimate, judges must occupy an institutional status with the power to decide controverted cases and must have access to specialized or even sacred knowledge and moral authority. Historically, Asian judges could claim legitimacy through their connection to transcendent legal principles, such as dhamma or dao or shari’a. In contemporary Asia, however, conceptions of law and legal legitimacy have become pluralistic, contested, and contradictory. Judges may to some extent retain a connection to the sacred and the transcendent, yet that connection is no longer sufficient in itself to insulate their judgments—or their character—from criticism. How, then, can the “good judge” be distinguished from judges who fall short of the mark? In this Special Issue, five distinguished scholars explore the crisis of legitimation as it affects judging and judgment in Sri Lanka, India, China, Indonesia, and Thailand.
46
McWhinney, Edward, and Serge April. "The 1990 Triennial Elections to the International Court of Justice and the 1989 Casual Election." Canadian Yearbook of international Law/Annuaire canadien de droit international 28 (1991): 403–16. http://dx.doi.org/10.1017/s0069005800004185.
Full textAbstract:
The regular, triennial elections for the International Court of Justice (ICJ), with a third of the fifteen seats on the Court coming up for renewal or replacement, were held on November 15, 1990. The five successful candidates thus elected, or re-elected, qualified for regular nine-year terms beginning on February 6, 1991. In the result, two incumbent judges, from France (Judge Guillaume) and Great Britian (Judge Jennings), who were candidates for re-election, were successful. Two other incumbent judges, from Argentina (the retiring Court President, Judge Ruda) and from Sénégal (Judge M'Baye), did not present themselves for re-election. A third incumbent judge, from India (Judge Pathak, who had been elected to the Court in a casual election held in April 1989), was nominated for re-election by a country other than his own, but chose to withdraw after the close of nominations and before the actual balloting. These three seats of the Court were filled by the election of candidates from Venezuela (Aguilar Mawdsley), Madagascar (Ranjeva), and Sri Lanka (Weeramantry).
47
Singh, Arkaja. "The Right to Water, Law and Municipal Practice: Case Studies from India." Water 14, no. 1 (January 1, 2022): 73. http://dx.doi.org/10.3390/w14010073.
Full textAbstract:
Recognition of the right to water in Indian courts has had little impact on the ground. This paper explores the seeming disjuncture between what happens in the court and the everyday reality of living with a less-than-perfect claim on city water services in India’s urban slums. The paper seeks to understand and contextualise a court ruling which looks like it declares a right to water for people in urban slums, but in effect gives them little beyond what they already had. The paper also looks at the ‘everyday reality’ of municipal administration and the provision of drinking water in slums through in-house connections and community taps. In both case studies, the author looks to understand how the practice relates to frameworks of law and policy that shape the rationality and scope of action of the actors concerned, both judges and municipal officials. She found that the issue of land was the main stumbling block in both places, but it was conceptualized a little differently in each situation. These case studies underscore the critical importance of making the local interface between poor people and the state more empowering in order for rights to become local and meaningful.
48
Nikitin, Dmitrii. "The Anglo-Indian Community of the 1880s in the early works of Rudyard Kipling." Человек и культура, no. 4 (April 2022): 121–27. http://dx.doi.org/10.25136/2409-8744.2022.4.36815.
Full textAbstract:
The subject of the study is the Anglo-Indian community of the 1880s and the reflection of its characteristic features in the works of Rudyard Kipling in the mid-1880s - early 1890s - newspaper essays, poems, short stories. Such features of the Anglo-Indian community as isolation, its isolation from the indigenous population of India, hostility towards travelers who judge the state of the country based on short-term visits, not understanding the unique climatic, political, and social conditions of India are considered in detail. Special attention is paid to the attitude of the Anglo-Indian community to the emerging national movement demanding the expansion of the rights of Indians in the governance of the country. As a result of the study , the following conclusions were made: 1) the image of a traveler who describes India, but does not have knowledge about it and understanding of its conditions, often found in the early works of R. Kipling ("Paget, C. P.", "Anglo-Indian Society", "The Enlightenment of Padgett, a member of Parliament"), was characteristic of the Anglo-Indian literature of the period under study (in in particular, for the work of J. Abery-Mackay) and reflected the views widely spread in the Anglo-Indian environment; 2) the changing conditions of Indian life, such as the emergence and development of the national movement, are becoming a new plot in Anglo-Indian literature and Kipling's work, showing the negative attitude of the community to the strengthening of the political activity of the indigenous population India.
49
Dudney, Arthur. "Sabk-e Hendi and the Crisis of Authority in Eighteenth-Century Indo-Persian Poetics." Journal of Persianate Studies 9, no. 1 (June 8, 2016): 60–82. http://dx.doi.org/10.1163/18747167-12341294.
Full textAbstract:
Modern debates over the merits of the so-called Indian Style (Sabk-e Hendi) in Persian literature, which was dominant from the late sixteenth to early nineteenth centuries, have been based on problematic assumptions about how literary style is tied to place. Scholars have often therefore interpreted the Persian literary criticism of the first half of the eighteenth century as a contest between Indians who praised Persian texts written in India and Iranians who asserted their privilege as native speakers to denigrate them. A more nuanced reading suggests that the debates mainly addressed stylistic temporality, namely the value of the writing styles of the “Ancients” (motaqaddemin) versus the innovative style of the “Moderns” (motaʾakhkherin). In the thought of the Indian critic Serāj al-Din ʿAli Khān Ārzu (d. 1756), there is clear evidence of a perceived rupture in literary culture that we can call a “crisis of authority.” Ārzu was concerned because Persian poetry had been judged according to “sanad” or precedent, but poets—both Indian and Iranian—were composing in a relatively new style (tāza-guʾi, literally “fresh speech”) that routinely went beyond the available precedents. All poets who know Persian well, he argued, including Indians, are allowed to innovate. While there was obvious rivalry between Persian-knowing Indians and the many Central Asians and Iranians settled in India, the contemporary terms of the debate have little in common with the later nationalism-tinged framing familiar to us.
50
Khali, Vahibaya. "COMPARATIVE ANALYSIS OF JUDICIAL APPOINTMENTS WITH REFERENCE TO USA, AUSTRALIA AND INDIA." International Journal of Advanced Research 10, no. 10 (October 31, 2022): 1128–34. http://dx.doi.org/10.21474/ijar01/15588.
Full textAbstract:
Appointment of judges in India in higher judiciary have been an issue since independence where even constituent assembly while drafting the constitution was in dilemma as to what method should be adopted to appoint a judge in the Supreme court and High Court. Ultimately, the power to appoint judges was given to executive to keep a check on higher judiciary to prevent nepotism and increase accountability and transparency. But this trend was reversed in 2nd judges case in 1993 when collegium system was formed by Supreme Court and President became bound to accept the recommendation of collegium system in the appointment of judges. Even SC struck down National Judicial Appointment Commission Act, 2014 (NJAC) to uphold judicial independence. In this paper author will study the judicial appointment process of 3 countries i.e., USA, Australia and India and will try to analyze the trend followed in India for appointment process by looking into the landmark cases and NJAC Act which was struck down in 2015 by SC and lastly giving recommendations to improve the appointment process to uphold transparency and accountability which is considered as sine-qua-none for good governance.