The idea of natural law has a long history. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and different contexts. This requires delving deep into the hoarypast and analyzing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the word ‘natural’ in the expression (...) ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity in natural law that has kept it alive and going across generations. Even some of the jurists who adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explore its growth application. (shrink)

We live in a period of enormous contradictions, so well reflected in social life as well as in legal discourse. A pluralistic society as diverse as India in this age of globalization is a challenge to both the lawmakers and the courts, with new problems emerging in new avatars with alarming consistency. In the last six decades or so, Constitutional democracy has witnessed some of the unprecedented upheavals both in the social and political life of the nation as well as (...) in the arena of life. Laws have been enacted to deal with emerging problems. Courts have been innovative, and exemplary as regards their judicial courage and craft to uphold rule of law and democracy in a country of billion hopes and aspirations. The present book is an ensemble of contributions from young legal scholars from some of the major legal institutions of India. The topics discussed are contemporary and address some of the challenging and emerging problematic areas of law. (shrink)

This essay explores the humanistic dimensions of the unparalleled world-wide pandemic caused by Covid-19. Using both western and eastern sources, it seeks to draw wisdom from this tragedy – but also apply wisdom to it. Reflecting on the historical moment ensconcing this pandemic, and the fundamental metaphysical implications of Covid-19, this essay has three parts: (1) Precipice of History-Nature: This Historical Moment surrounding Covid-19; (2) Implications of a Pandemic for the nature of Nature and God; (3) Implications of a Pandemic (...) for Death, Predestination, Higher Faith – and likely Results. Viewing this moment as portentous in its anticipation of a new age, this essay uses the notion of a temporized precipice, to situate this pandemic historically. Drawing from western (Heidegger, Russell, Augustine, Catherine of Sienna, Epictetus, Plato, and Plotinus), and Indian (Gandhi, Vivekananda, and the Bhagavadgītā) sources, this essay offers both idealistic and realistic views of the likely results of Covid-19. (shrink)

In Ennead III.7.11--13, Plotinus describes the genesis of time, and time's nature as the life of soul, and the moving image of eternity. In this dissertation, Ennead III.7.11--13 was read, using an exegetical method, which comprised, raising questions, and answering them, in strictly Plotinian terms, by contemplating the pieces that best fit into these puzzles. Some answers discovered were as follows. ;Before its appearance, time exists as the seed of time in Intellect. This is a state of rest because of (...) its relative unity, its participation in the genus rest, and its absence of tolma. Time's genesis comprises an eternal manifestation of a change of identity from seed to actualization. Time is generated in four logical steps. Soul becomes diluted upon its generative acts, mainly because of tolma. Soul has a far richer contemplation of Intellect underlying its genesis of the sensibles, than that underlying its genesis of time. ;Soul undergoes ontological loss in its generation of time and the sensible universe. Beginning with tolma, and the desires for autonomy unleashed by tolma, soul's multiplicity is enhanced. Yet this multiplicity is also tempered by soul's unquiet power's glance of aspiration towards Intellect. This glance is the contemplation, which fecundates soul's generation of time. Soul's power is its strength, but the unquietness of this power can indicate ontological loss. Tolma in soul incurs evil, because tolma thwarts soul from contemplating Intellect. ;The genus-species structure of soul is involved in the generation and omnipresence of time, through the actualization of the genus in its species. Time is ideally omnipresent when time is kairos. Soul is immortal and impassible, and it is only soul's activity and progeny, which are temporal. Time is the life of soul, insofar as movement is predicated of this life at three levels: the logical, the perceptible, and the spatial. Time itself is a poorer life than eternity, time itself is not alive, and yet, time is not unreal. Time is a moving image of eternity through the common predicates applied to both, which are their shared characteristics, defining the essence of the image that time constitutes. (shrink)

This article focuses on the narratives of two dalit women which offer new, enabling imaginings of community that open up radical possibilities for rethinking questions of childhood and gender. These texts turn a critical gaze on an upper caste feminist practice and the discourses of childhood, schooling and emancipation that are tied to it. Childhood has been hegemonically represented as a state of innocence and vulnerability and is marked off from the world of adult anxieties and responsibilities. Such representations are (...) generally implicated in abstract, internationalist notions of child rights and remain disengaged from the historical contexts that shape children’s lives. The dominant discourse of the girl child does not problematize the field qualifying as childhood; instead, it proposes that the female child has been excluded from the same. The cause of this exclusion is identified as gender discrimination, reinforcing the primacy of sexual difference and allowing it to subsume all other forms of differences — caste, class, region or community — that exist among children. The article argues that these two narratives disrupt the neat separation between the modernizing nation/ emancipatory self and the regressive community. As each narrative takes us through the life of a dalit girl, it articulates a critique of gender as a category abstracted from material circumstances that constitute women’s lives. Gender in these narratives emerges as complexly intermeshed with caste and community. (shrink)

This Special Issue is an outcome of the lectures and discussions on ‘Cross-cutting Themes and Concepts in Human Rights’, offered as a Seminar Course to the students of the MA Programme, School of International Studies, Jawaharlal Nehru University. As part of the Course, a Webinar on ‘Rethinking Rights and Justice for Non-Humans’ was held in 2022, in which the participants advanced some of the most compelling arguments for the meaningful representation of non-human entities in law and governance. In the three (...) sessions of the webinar, the participants explored the terrain of relevant concepts, emerging norms, and moral justifications that underline the case of non-human entities: (i) The Limits of Animal Rights: Exploring the Case for Multispecies Justice, (ii) Humanist Dimensions of Machines, and (iii) Representing Nature: Rights, Crimes, and Diplomacy. Scholarly literature on the subject matter sheds light on the gaps in existing legal frameworks concerning the responsibilities of human beings towards non-human life forms. There is evidence of a growing universal consciousness embedded in the worth and sacredness of non-human life forms. A series of developments in the fields of technology, philosophy, and other disciplines have moved non-human entities to the forefront of legal reforms, domestic and international. (shrink)

The UN Committee on the Peaceful Uses of Outer Space (UNCOPUOS) has played a central role in the development of standards for the sustainable exploration of the Moon. The standards, in particular, are being shaped through consultations with the major space actors namely, states, international organizations, and commercial enterprises. The Moon Village Association, for instance, was created to foster the implementation of a vision of peaceful international cooperation of governmental and non-governmental actors in the exploration of the Moon. In 2021, (...) the MVA, in its Report on the Global Expert Group on Sustainable Lunar Activities, proposed the creation of a neutral multi-stakeholder platform and framework to ensure the conduct of sustainable lunar missions in the future. According to the MVA, there is a need to consider approaches that promote future lunar sustainability or recommend practices for upcoming lunar activities. In light of the above-mentioned report and MVA’s Report on Best Practices for Sustainable Lunar Activities (2020), this article sheds light on some of the major contributions toward the development of standards for sustainable exploration of the Moon, including the recognition of its legal personhood. (shrink)

Market-based social governance schemes that establish standards of conduct for producers and traders in international supply chains aim to reduce the negative socioenvironmental effects of globalization. While studies have examined how characteristics of social governance schemes promote socially responsible producer behavior, it has not yet been examined how these same characteristics affect consumer behavior. This is a crucial omission, because without consumer demand for socially produced products, the reach of the social benefits is likely to be limited. We develop a (...) comprehensive model that links twocharacteristics of market-based social governance schemes—(1) stringency and enforcement of requirements, and (2) promotion—to two conditions required for governance schemes to generate significant social benefits: (1) socially responsible behavior of participating firms; and (2) consumer demand for socially produced products which, in turn, expands products produced according to social governance schemes, and thus, the quantity of social benefits. We discuss market-based social governance schemes in the context of fair trade coffee. (shrink)

This "fear of being abandoned" challenges the working of human rights laws and institutions. Vulnerable groups, as highlighted in several studies, continue to accept situations of violence owing to the fear of being abandoned. The fear directly obstructs the full and meaningful impact that laws dealing with elder abuse, domestic violence, forced marriage, etc. can have. The fear of being abandoned, in many ways, stands as one of the greatest costs borne by human rights. As claimed, abandonment will also continue (...) to challenge the human rights-based systems in the times to come. This theme makes a compelling case to consider the extent to which human rights laws are shaped by experiences of abandonment and the extent to which the fear of being abandoned prevents individuals from exploring human rights protections. To what extent can studies in psychology determine the appropriateness of legal responses to abandonment? The answer certainly requires more theoretical and empirical investigations and both the fields of psychology and human rights can contribute in this direction. (shrink)

Justice for painful experiences or human rights violations is pursued in many forms. In furtherance of justice, individuals and communities adopt creative and meaningful ways to express their pain, heal, and become more resilient. One such practice is dance—an arts-based solution with both therapeutic value and the power to promote physical, emotional, and mental well-being. Dance has been described as a much-needed “solution to the problems of the world”, and “an important player in countering tyranny [that] helps heal the wounds (...) of torture and trauma and build a more humane society.” A closer look at dance-based interventions also signals the limitations of legal and political mechanisms and practices (courts, tribunals, policy, etc.) in matters of justice and well-being. (shrink)

Constitutions all over the world are propelling significant reforms and innovations for their respective societies. What ushers such dynamism is a fundamental question. Taking the case of India, the constitutional philosophy as reflected in the text of the Constitution has permitted growth and expansion in terms of rights, opprtunities, institutional arrangements etc. WIthin the constitution, the preamble expresses this philosophy. On preambles, there is growing international consensus on their role in the developement of societies. The preambles are said to have (...) "integrative power", and "binding force" as a "substantive source of rights". Each preamble is said to express uniqueness in terms of the ideals incorporated therein and the history that gave birth to them. This book is inspired by the governing values provided in the Preamble to the Indian Constitution. The layout of the book is designed in order to reflect the theoratical and verifiable facets of these values; sovereignty, justice, fraternity, secularism, democracy, socialism, republicanism, equality, and liberty. The book serves more rightly as a contemporary reading of the preamble. (shrink)

Humiliation, as dealt with under different legal jurisdictions, poses a question about how these systems perceive and respond to humiliation. Are the laws' definitions, approach, and punishment appropriately determined? And if there are challenges to implementation, what are they?

BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody...The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At the (...) same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

AN ATTEMPT to understand the role of dignity in human rights is worthwhile and challenging. Popularly referred to as a “constitutional principle”, “moral precept”, or a “supreme virtue”, dignity has allowed legal systems to adopt evolutionary and impactful practices concerning the welfare of human beings. Defined also as the precursor and basis to the various human rights defined and adopted, dignity continues to facilitate the integration of diverse interests and stakeholders within the framework of human rights thought and practice. By (...) embracing several values and interests, dignity has reached out to protect-preserve-provide for the worth of human beings as well those that cease to be or are not human beings. This introduces a student of human rights to expressions like “interspecies dignity”, “intergenerational dignity”, “trans human dignity”, and “posthumous dignity”, which are all opening the door for a new consciousness in the field of human rights. The proliferating interests of the non-human entities in the form of territorial sovereignty for animals, privacy of the deceased, rights for the dead to be found in case of war/conflict etc., have been attached with an undeniable quality as that is readily found in the understanding of dignity of human beings. In the wake of such developments, there appears a strong sense of regeneration of dignity as a foundational principle, leaving the earlier formulations of personhood, sentience, capacity, and worth into disenchantment. (shrink)

Earth consciousness involves an understanding of our relationship with earth. It involves the study of earth forms, their life processes and inherent needs. The concept has created a field of frameworks and knowledge systems permeating into the day to day lives of humans including their political-economic-cultural spaces. The expression earth consciousness can be interpreted in many ways to include human awareness of nature & its processes, or the bond with mother earth and all its forms . Earth consciousness or the (...) universal respect for nature and all of its forms is manifesting in different ways. The multidisciplinary approaches that build the idea of Earth consciousness have added much weight to building frameworks for protection & preservation. One can see an influence of cultural, ethical, legal, philosophical, religious, & spiritual perspectives in the realization of a deep & meaningful relationship between humans with nature. This document sheds light on the diverse frameworks evolved and evolving to give effect to the growing earth consciousness. Much emphasis also placed on the "Rights in Nature Framework" and the "Post 2020 Bio-diversity Framework". (shrink)

Domestic courts are often quoting foreign case law on human rights. The conversation pursued through cross-referencing across jurisdictions has added to the globalization of international human rights standards. As the practice is gaining ground and becoming a more permanent feature of domestic judgments, its relevance needs to be examined. A closer look at the practice will bring forth a more realistic understanding of the approaches of domestic courts and the advantages which they offer to the institution. This paper raises few (...) questions on the value and influence of cross-referencing in the area of human rights. Questions in this regard can be posed as to (a) whether cross-referencing is reflective of an emerging consensus on the subject matter? (b) Is it strategic for domestic courts to quote foreign case law? (c) Is the practice of cross-referencing simply a trend or an urge to belong to a community of courts? (d) Is the practice of relevance towards the implementation and advancement of international human rights standards? The topic can shed light on broader themes including the universality of human rights, contestations/disagreements over human rights standards, and the measure of acceptability of international human rights standards within domestic settings. This paper discusses the practice, its role and influence in relation to international human rights standards. Three judgments [of the courts of Nepal, India and Singapore] addressing the human rights and homosexuality agenda have been illustrated for discussion. (shrink)

Recent years have illustrated how the reproductive realm is continuously drawing the attention of medical and legal experts worldwide. The availability of technological services to facilitate reproduction has led to serious concerns over the right to reproduce, which no longer is determined as a private/personal matter. The growing technological options do implicate fundamental questions about human dignity and social welfare. There has been an increased demand for determining (a) the rights of prisoners, unmarried and homosexuals to such services, (b) concerns (...) over child’s information and health needs, (c) claims for wrongful birth and wrongful life, (d) the role of donors and physicians, (e) posthumous reproduction etc. In addition, the role of national and international law has been emphasized for an efficient system of functioning and delivery. This paper is an attempt to explore the pressing claims to reproductive choices, coupled with a marked increase in demand for legislative intervention in India. (shrink)

The transitory and ever-evolving process of law making plays a role of primal importance in the regulation of human conduct of society. It goes without saying that in this entire process, judges have a participation. The power entrusted by law and the nature of judicial process, make judges the prime mover of the development of law. It matters how judges decide cases. It matters most to people unlucky or litigious or wicked or saintly enough to find themselves in court... The (...) effect emanating from the decision of a case affects the life of a person in many ways that at times has far reaching impact...When the law in question happens to be criminal law, it requires a cautious consideration to see how the interpretive tools used by judges affect the life of a litigant in ways both seen and unseen... Several areas concerning adjudication and judicial interpretation have been the subject matter of study. This paper includes a discussion on the principle of non- retrospectivity in light of judicial adjudication in criminal matters. (shrink)

In the 10 years after the launch of the United Nations Global Compact (GC), there have been very few empirical assessments of the initiative in the academic literature. In this study, drawing from institutional theory and the resource‐based view of the firm, we examine motivations of business participants to adopt the GC principles in the Spanish context. Using survey data from Spain – the country reporting the highest volume of business participants in the GC – we find that external institutional (...) forces as well as internal organisational resources shape motivations for adopting GC principles. In particular, we find that early and late adopters are motivated similarly by the perceived opportunity of achieving image gains, while late adopters are motivated more by economic gains than early adopters. We further find that regardless of the extent of internal intangible resources possessed, firms are similarly motivated by economic gains. The results also show that companies with more intangible resources are motivated more by image gains than those with fewer resources. Our findings indicate that contrary to its earlier days, economic gains have emerged as an important motivator for the adopters of the GC principles with image gains still being an important motivator. (shrink)

The law confers rights on non-human entities, namely nature, machines (AI), and animals. While doing so, the law is either viewed as progressive or sometimes as abstract and ambiguous. Despite the critique, it is undeniable that many of the rights of non-humans have come to solidify in statutory and constitutional rules of different systems. In the context of these developments, the article sheds light on the core justifications for advancing the rights of non-human entities. In addition, it discusses the conditions (...) for the emergence of these rights and the non-binding normative statements adopted by different stakeholders for advocacy. These include the Charter on the Law of the Living (2021), the Toulon Declaration (2019), and the Vienna Manifesto on Digital Humanism (2019), etc. The paper also discusses the relevant theoretical frames, namely post-humanism, digital humanism, and multi-species justice, followed by selective critical views on the subject. (shrink)

Bréhier revives the possibility of Indian Upaniṣadic influence on Plotinus, specifically in the area of mysticism – asking what in Plotinus’ philosophy is foreign with respect to the Greek philosophical tradition. After Bréhier there are vigorous defenses of Plotinus’ Greek origins – not all of which respond directly to the key issues he raises, or address Plotinus’ mysticism specifically. My purpose in this paper is not to answer Bréhier, but to revisit him, for the purpose of delineating paradigmatic differences between (...) Plotinus’ metaphysics and that in Advaita Vedānta. Starting with differences in their respective texts and conceptions of the Divine, I explore concrete concepts (Māyā, tolma, the forms, gun․as, etc.), so unique to each tradition that they comprise the heart and essence of their differences. I assert as well that their metaphysical distinctions imply dissimilarities in their modes of mysticism. In this effort I uphold numinous experience above historical influences. This paper therefore has four parts: (1) Revisiting Bréhier, Armstrong, and Others; (2) Defining Terms: Texts, Methods, and Conceptions of the Divine (Striking Similarities); (3) Contrasting Advaita Vedānta and the Enneads (Paradigmatic Differences); and (4) Conclusion. (shrink)

Plotinus was a Neoplatonist philosopher, his work posthumously published by Porphyry and divided into six books, nine tractates each, called the Enneads. This book investigates Plotinian "emanation," its laws of poiesis and the roles of nature, matter, logos, and contemplation.

In this essay, the author regards the individual as the chief courier of History, and Mr. Putin, the immediate cause of Russia’s invasion of Ukraine – distinguishing his agency from broad precipitating socio-historical causes that deny inwardness, individuality, and free-will. A dark puppeteer, Mr. Putin is more sinister than Plato’s puppeteers (Allegory of the Cave). This invasion raises at least three questions: (1) Why has the west not responded as much to other recent non-western wars and genocides? Why have Europe’s (...) former colonies not protested Russia more vigorously? (2) Why do armed forces obey cultishly, the commands of autocratic heads of state? (3) How do we prevent autocrats from occupying positions of power? Western hedonism and Putin’s puritanism are opposites that cannot resolve one another. Moreover, Ukraine reminds us that non-violence, patriotism, defiance – even war – cannot be moral absolutes. Depending on the context, they are good, evil, or something in between. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark decisions (...) where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

There are many reasons to suggest that human rights have a spiritual flavor. Grounded in the understanding that individuals and communities have spiritual interests, the idea of human rights has been called upon time and again to protect and provide for them. This development has raised questions about what spiritual interests are and what role human rights can play in this regard. On a cursory glance, linking human rights to spirituality benefits three right-holders: individuals, communities, and humanity as a whole. (...) Human rights contribute to the realization of a person’s human dignity through the satisfaction of his or her developmental, physical, psychological, and spiritual needs (UNFPA: 2005). And the spiritual interests of communities reflect in the specific rights—namely cultural rights, land rights, environmental rights, the right to peace, etc. In addition, commitments to the spiritual rights of human beings and the planet could be considered essential for the survival and evolution of humanity. (Universal Declaration of Spiritual Rights). Noteworthy in human rights cases is the use of spirituality-based concepts—namely spiritual development, spiritual needs, spiritual rights, spiritual reparations, etc.—as benchmarks for research, policy interventions, and reforms. (shrink)

BAIL JURISPRUDENCE in India (as in other common law countries) has evolved laying emphasis on the right to liberty of the accused as opposed to the requirement of the State to keep him/her under custody... The mechanism for cancellation of bail is provided in law in order to ensure that justice will be done to the society by preventing the accused who had been set at liberty by the bail order from tampering with the evidence in a heinous crime. At (...) the same time, cancellation of bail takes away the liberty granted by the Constitution and affirmed by an order of the Court, which granted bail. Taking note of the fact that cancellation of bail necessarily involves the review of a decision already made, it has been emphasized that the same should always be exercised very sparingly by the court of law. (shrink)

Many companies are now targeting the sizeable segment of consumers in Bottom-of-the-pyramid (BoP) markets with new products to specifically address their needs. As mainstream consumers become aware of these initiatives, their views on what products may be construed as appropriate for BoP marketplaces, may influence their attitudes towards the companies engaging in BoP activities. We propose that when the mainstream consumers are culturally distant from the BoP consumers, they have less favourable attitudes towards a company marketing a hedonic product to (...) BoP consumers, compared to a utilitarian one. However, when the mainstream consumers are culturally closer to the BoP consumers, they are less likely to react negatively to a company’s marketing of a hedonic product compared to a utilitarian one. We theorize that these differences in evaluation are based on the mainstream consumers’ expectations regarding the products a company would/should target towards BoP consumers. We also examine two company characteristics (country-of-origin and profit orientation) as contingency factors affecting the attitudes of culturally close mainstream consumers towards companies engaging in BoP practices. Across two studies, we find support for our hypotheses. This research adds to a new stream of scholarship that theorizes about the permissible consumption mindset of mainstream consumers. The research also provides guidance to marketing managers and communication experts to help build favourable company attitudes and minimize any mainstream negativity towards a company’s marketing initiatives in the BoP domain. (shrink)

A psychology-informed view of human rights has been taken into account by many scholars while examining the short-term and long-term effects of human rights violations on individuals and communities. In Trauma and Human Rights: Integrating Approaches to Address Human Suffering, for instance, the authors discuss the trauma-informed approach in the context of human rights violations, namely domestic violence, racial and other forms of discrimination, etc. In the paper on Trauma among children and legal implications, the authors advance a trauma-informed approach (...) to human rights. The approach considers the experiences of trauma associated with physical abuse, sexual abuse, neglect, psychological/emotional abuse, community violence, natural disasters, serious accidents, parental death/grief, medical procedures and conditions, and terrorism. In the case of violations including rape and torture, the paper Torture by means of Rape concerns the psychological suffering of victims of rape, abuse, and torture in light of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. As for the jurisprudence of international human rights bodies, the advancement of a psychology-informed view of human rights is noticeable. Take the example of the Report of the Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment on Biopsychosocial factors conducive to torture and ill-treatment. The Report explores the root causes of the current worldwide complacency concerning torture and ill-treatment and recommends the urgent and proactive incorporation of science-based conclusions into ongoing, policy-based global governance reform processes. Further, the report provides that the root cause of the systemic governance failure is attributed to the generic biopsychosocial factors that have shaped human decision-making throughout history, irrespective of national, cultural, religious, or other distinctive influences. Since the two fields are creating a landscape of new concepts and perspectives, one may study this interface broadly under three headings; (a) Psychology in Human Rights. (b) Rights-Based Approach to Psychological Science and Research. (c) Psychology and Human Rights in Law and Policy. (shrink)

From the scholarship available we can gather that fraternity has been subjected to several interpretations and linked with several virtues. For a few, it stands close to the actualities of solidarity, humanity, compassion, companionship, and brotherhood. For others, it is the “glue that binds equality and liberty to the civil society” and “presents a sense of continuity with the past and the future”. Omvedt replaces the word fraternity with “community” as an important component of a human vision for the new (...) millennium along with equality and justice. Historically, ‘liberty, equality, and fraternity became a major influence on political thought since the French Revolution. The Revolution marked the triumph of the people and pronounced the Declaration on Rights of Man and of the Citizen in 1789. In modern societies, although there are many differences in interpretation, the idea of fraternity is less directly accepted, but the principles of collective action and social responsibility are widely recognized’. According to Johnston, 'fraternity' was rather less central to the preconceptions of the enlightenment predecessors of the revolutionary era, their emphasis being given rather to the 'rights of man' and to the equality of entitlement to those rights. To date, our pre-occupation with liberty and equality has left vacant a conceptual upbringing of fraternity in the postcolonial context. (shrink)

At this juncture, the relevance of the human right to science is undeniable. The right, for a long time, has been a subject matter of deliberation under Article 15 of the International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR). Most of these deliberations emphasised the need for a concise meaning and scope of the right to science. In the year 2020, the Committee on Economic, Social and Cultural Rights (CESCR) under the ICESCR made two interventions with the objective (...) of defining, advancing and mainstreaming the right to science. The two interventions include General Comment No. 25 on Science and Economic, Social and Cultural Rights, and the Statement on the Coronavirus Disease (COVID-19) Pandemic and Economic, Social and Cultural Rights. This paper concerns the above mentioned statements of the CESCR, in particular, the interpretations and standards being advanced by the Committee. (shrink)

In different parts of the world, attempts have been made to define the principle of fraternity as a political and legal value as compared to a historic/rhetoric one. Fraternity or fraternal relations (occasionally also referred to as solidarity, humanity, compassion, brotherhood) are forged in the everyday lives of societies, when they share common aspirations and vulnerabilities. The wider use or the linking of the principle to conditions of conflict and mass frustration makes it a sort of mirror of realities. These (...) lived experiences and contexts also give the principle a dynamic and propelling quality within law and politics. (shrink)

Mental health is a global priority, and states and stakeholders are taking steps toward advancing a human right to mental health for all (APA, 2018). This is evidenced by international studies, initiatives, declarations, and domestic policy interventions. From a right-based perspective, mental health is not the mere absence of a psychiatric condition or psychosocial disability (WHO, 2022). It speaks of an environment in which individuals live a life of dignity. The application of human rights principles to mental health allows us (...) to incorporate novel ideas about the role of all stakeholders in fostering the security, freedom, justice, and dignity of individuals. With this point of view in mind, many states are revisiting their mental health laws and governance practices. (shrink)

Democracy has been hailed as a global phenomenon and the most popular feature of modern political thought. Several notable efforts have been made by the global community to promote and extend democracy to cover billions of people, with their varying histories, cultures, and disparate levels of affluence. In 2007, the United Nations General Assembly resolved to support the efforts of governments to promote and consolidate new or restored democracies. The GA in this regard stated that “democracy is a universal value (...) based on the freely expressed will of people to determine their own political, economic, social and cultural systems and their full participation in all aspects of their lives. Also, while democracies share common features, there is no single model of democracy, and that democracy does not belong to any country or region, reaffirming further the necessity of due respect for sovereignty, the right to self-determination, and territorial integrity. In 2005, the United Nations Democracy Fund was created to implement projects aimed at enhancing democratic practice, promoting human rights, and encouraging participation of all groups in democratic processes. In contrast to its growing popularity, democracy has also been closely looked at with suspicion by experts- academic, political, and otherwise. Skeptics assert that “ the meaning of democracy is contested with no universal definition that is applicable.”. (shrink)

Human rights treaties are often attached and complemented with Optional Protocols. The Optional protocol instruments are adopted after careful deliberation between different stakeholders including member states to human rights treaties. -/- The present document on Introduction to the International Covenant on Economic Social and Cultural Rights- Optional Protocol [OP-ICESCR] is an addition to the on-going work on the Human Rights Framework on ESC Rights. It covers basic information on the objectives of the OP and the key provisions dealing with the (...) redressal mechanisms and processes. Much emphasis is given to highlighting the expansion of the normative framework through the works of the Committee under the ICESCR. The document highlights a few of the important standards developed, interpreted and applied by the Committee in its dealing with member states. The document also mentions a few areas that need further study and analysis in order to understand the impact of the OP-ICESCR mechanisms within domestic jurisdictions, particularly of the member states. (shrink)

The right to food is recognized as a basic right under international human rights law. The lack of implementation of the right is a challenge for societies around the world. The failures in implementation are leading stakeholder's to strongly advance more appropriate standards vis-a-vis the right to food. The concept of food sovereignty for instance has gained importance in this regard. The concept of food sovereignty is interpreted to be larger in scope than the right to food. Food sovereignty is (...) not limited to the making "provision" of food to the beneficiaries by the state. In addition, it also mandates the empowerment of communities by the adoption of policies to secure land, food production and consumption, etc. -/- In 2010, the UN Special Rapporteur on the Right to Food recognized the wider import of the right to food based on the concept of food sovereignty. The Rapporteur emphasised on the provision of land for instance as essential to right to food. The acceptance of food sovereignty as a benchmark for state performance is one of the most notable developments in the field of economic, social and cultural rights. This chapter discusses the role of the concept of food sovereignty, and how it is shaping international and domestic policy frameworks. (shrink)

Mountains have gained global recognition for their sacredness and biodiversity. Over the years, scientists, researchers, local bodies and states have made efforts to protect and preserve the mountains. Perrigo, Hoorn and Antonelli call them the cradles of diversity, which need to be studied in order to understand nature and mountain biodiversity. (2019). The growing work on the mountains can be located in the awakening of earth consciousness in the world. Earth consciousness or what may also be called the universal respect (...) for nature and all of its forms is manifesting in different ways. The multidisciplinary approaches that build the idea of earth consciousness have added much weight to the end outcomes in the forms of frameworks for protection and preservation. One can see an influence of cultural, ethical, legal, philosophical, religious, and spiritual perspectives in the realization of a deep and meaningful relationship between humans with nature. (shrink)

The judgment depicts the strong and compassionate approach taken by the court towards animals, particularly bulls used in bullock cart races and Jallikattu. The case is another addition to the several decisions that have pushed in for a more expansive reading to the expression “life” and “dignity” under the Constitution. With the objective of giving a more inclusive meaning to life and dignity, the case accommodates the duty to preserve the dignity and wellbeing of animals as being a part of (...) the constitutional framework. (shrink)

The state has always authoritatively used criminal law to give effect to its policy of condemning acts either antisocial or unacceptable to the conscience of the law and society. The existence of criminal law is well justified on grounds of ‘social welfare’ or “reinforcement of those values most basic to proper social functioning”. This initiates or sustains the process of criminalization. The relativity of ‘social welfare’ makes law ‘dynamic’ as well as ‘varying’, vis-à-vis its ambit and scope. Current scholarship is (...) critical of what is referred to as the trend of overcriminalization or rapid increase in criminalizing of acts, as leading to ‘uncertainty’ in criminal law. The rationale for such a critique is that there are activities that need not be labeled as offences if they do not possess the potential to cause damage that criminal law seeks to protect. In light of the overcriminalization critique, this paper examines the criminalization of certain offences labeled as public welfare offences. (shrink)

Duties constitute an integral part of the constitutional scheme of values. The nature and influence of duties is of great interest to practitioners and scholars. The literature on the subject is primarily concerned with the exactness of duties as operational values within constitutions. In general, Bauer and Bolsinger attribute three functions to constitutional values. Namely, they regulate by directing human action at the desired target, enabling legitimation and justification of actions, and simplifying decision-making. While debating whether duties have a functional (...) quality, several questions gain prime importance. To name a few- do constitutional duties enable positive action? Is there a universal binding framework on duties? How are duties related to other constitutional values within constitutions? Are duties within constitutions interpreted in light of international standards? Are there unenumerated or un-written duties? etc. (shrink)

The aim of this paper is to explain the emergence and use of DNA fingerprinting technology in India, noting the specific concerns faced by the Indian Legal System related to the use of this novel forensic technology in the justice process. Furthermore, the proposed construction of a National DNA Data Bank is discussed taking into consideration the challenges faced by the government in legislating the DNA Bill into law. A critical analysis of the DNA Technology (Use and Application) Regulation Bill, (...) 2019 is provided to throw light upon many ethical, social, and legal issues that need to be addressed before the operationalization of the Bill to ensure that this technology is governed democratically to protect the civil liberties of citizens. (shrink)