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)

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)

Recent sequencing of the metazoan Oikopleura dioica genome has provided important insights, which challenges the current understanding of eukaryotic genome evolution. Many genomic features of O. dioica show deviation from the commonly observed trends in other eukaryotic genomes. For instance, O. dioica has a rapidly evolving, highly compact genome with a divergent intron‐exon organization. Additionally, O. dioica lacks the minor spliceosome and key DNA repair pathway genes. Even with a compact genome, O. dioica contains tandem repeats, comparable to other eukaryotes, (...) and shows lineage‐specific expansion of certain protein domains. Here, we review its genomic features in the context of current knowledge, discuss implications for contemporary biology and identify areas for further research. Analysis of the O. dioica genome suggests that non‐adaptive forces such as elevated mutation rates might influence the evolution of genome architecture. The knowledge of unique genomic features and splicing mechanisms in O. dioica may be exploited for synthetic biology applications, such as generation of orthogonal splicing systems. (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)

In lieu of an abstract, here is a brief excerpt of the content:Feminist Studies 41, no. 3. © 2015 by Feminist Studies, Inc. 509 Mytheli Sreenivas Birth Control in the Shadow of Empire: The Trials of Annie Besant, 1877–1878 In March 1877, two London activists provoked a debate about poverty and overpopulation that reverberated across metropole and colony. These activists, Annie Besant and Charles Bradlaugh, republished a book by the American physician Charles Knowlton that outlined methods to prevent conception. (...) TheFruitsofPhilosophy,which Bradlaugh and Besant provocatively subtitled An Essay on the Population Question, had been in limited circulation in Britain since 1833, but the book’s legality was called into question when its previous publisher was charged with obscenity in early 1877.1 Determined to establish the legal right to publish information about contraception, on March 23rd, 1877, Bradlaugh and Besant delivered copies of The Fruits of Philosophy to the police department, the city solicitor, and local magistrates, and they announced their intent to sell the book from their premises at the Freethought Publishing Company on Stonecutter Street in East London. The following day, a crowd filled the narrow space outside the publishing house, and the two activists sold hundreds of copies of Knowlton’s book. When no arrests were made, Besant and Bradlaugh renotified the authorities that they were selling a supposedly obscene book and were informed in turn that papers were 1. S. Chandrasekhar, “A Dirty, Filthy Book”: The Writings of Charles Knowlton and Annie Besant on Reproductive Physiology and Birth Control and an Account of the Bradlaugh-Besant Trial (Berkeley: University of California Press, 1981), 26. 510 Mytheli Sreenivas being prepared for their arrest and prosecution. On the 7th of April, 1877, Besant and Bradlaugh were arrested and taken into custody.2 In their subsequent trial, the two activists linked birth control advocacy to a Malthusian worldview. They argued that the urban working classes and the rural poor in Britain labored under the burden of overpopulation. Humanitarian concern for impoverished people, and not intent to promote obscenity, drove them to disseminate information about birth control. Besant and Bradlaugh were eventually acquitted on a legal technicality, and Bradlaugh moved on to other issues. Besant, however, was dissatisfied with The Fruits of Philosophy because its methods were outdated by the science of the day. She was determined to write a more up-to-date guide explaining contraceptive methods and went on to found a Malthusian League to disseminate birth control information. These events—the trial and Besant’s further campaigns promoting contraception —mark a watershed moment in the history of birth control activism.3 They would shape how reproduction came to be understood not as a private matter, but as a particular sort of social problem, whose implications reverberated from London to the empire in India and back again. To outside observers, Bradlaugh and Besant may have seemed an unlikely pair to set these events into motion. Bradlaugh, at age forty-four, had a long history of association with radical causes. A celebrated atheist and antimonarchical republican, he helped to shape a tradition of mid-nineteenth-century English radicalism that developed in the wake of Chartist decline. As a member of the National Reform League in the 1860s, he had participated in public demonstrations to extend the franchise. His leadership of the National Secular Society made him a popular lecturer among Freethinkers on issues of political democracy, anticlericalism, and occasionally on neo-Malthusianism.4 2. Anne Taylor, Annie Besant: A Biography (Oxford: Oxford University Press, 1992), 110–12. 3. The term “birth control” was coined in a meeting of Margaret Sanger and her associates in 1914, and thus would not have been in use in the late nineteenth century. The term contraception was not unknown, but had only limited circulation in scientific discourses. Nevertheless, I use both “birth control” and “contraception” interchangeably to mean methods to prevent conception. See Peter C. Engelman, A History of the Birth Control Movement in America (Santa Barbara, CA: Praeger, 2011), xviii. 4. Taylor, Annie Besant, 80–81. Mytheli Sreenivas 511 In comparison to Bradlaugh’s prominence, Besant was relatively unknown. Her public career began after a separation from her husband, the Anglican vicar Frank Besant. Perhaps the couple were ill-suited to each other from... (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)

In the field of human rights, expressions like justice and legal reform are closely linked to the process of harmonization of domestic and international human rights standards. Harmonization of human rights standards can be described as a process wherein international human rights are incorporated or given full effect to at the domestic level. [i] To harmonize the two set of standards i.e. domestic and international is viewed as both a commitment and obligation of states under international law. [ii] In terms (...) of state practice, the process of harmonization may entail a set of actions including adoption of laws and creation of mechanisms for enforcement and redressal of violations. -/- At the international level, the harmonization agenda is actively promoted at forums including the Universal Periodic Review (UPR) or during consultations between states and human rights treaty bodies, etc. Questions on whether states are in compliance with their international human rights commitments under treaties and other resolutions are to a large extent determined based on the extent of harmonization. Other pertinent questions being whether existing domestic laws are compatible with international human rights standards? What conditions obstruct and facilitate harmonization of human rights standards? Are there any parameters to measure harmonization? -/- While harmonization is widely promoted, its study and assessment is complex. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. gaps (...) in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (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)

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)

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)

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)

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)

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)

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)

From the perspective of philosophy of religion, Part 1 of this essay examines the original vision of the faith ‘Brahmo Dharma’ as ‘Reform Hinduism’, a ‘sect’ within the larger religious tradition as ‘Vedantic monotheism’ founded by Raja Rammohun Roy in 1828—with the nineteenth-century ‘Bengal Renaissance’ in the background. Roy questioned the authority of revelation given in the Brahmanas in the Vedic Scriptures and endeavoured a democratization of the Vedanta, rejecting the caste system as well as idolatry. It charts the transition (...) of the Faith from ‘Reform Hinduism’ to Debendranath Tagore’s Codification given in his book Brahmo Dharma, 1850, interpreting it as an ‘independent religion’, not adhering to the authority of the Vedas including the Vedanta or any other religious scripture. This essay marks the recent legal claim in Supreme Court of the Brahmo Samaj that its Faith ‘Brahmo Dharma’ is non-Hindu, and as an ‘independent religion’, it is deserving of ‘minority’ status. The role of British colonialism pertaining to the legal history of ‘Brahmo Dharma’ is reviewed here to bring forward Brahmo Samaj’s contemporary claim of ‘Brahmo Dharma’ being ‘non-Hindu’. Focusing on ‘religious reform’ as primary to ‘social reform’, in this context, this essay reflects upon the interpretation of the Faith—arguing that ‘reform in religion’ ought to be recognizable in law, not merely customs and rituals, considering ‘the Spirit of the Faith’ which is essentially ‘Upanishad–Vedanta’. (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)

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 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)

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?

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)

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)

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)

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)

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)

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)

The chapter gives an overview of the binding and non-binding international norms which govern and regulate the activities of states and other actors in outer space. It covers the key agendas and challenges being addressed within international space law in the wake of advancements in technology and greater access to outer space by multiple actors. For a comprehensive view of the subject, the chapter gives an overview of the nature of space laws within national systems, and the interface of space (...) law with other fields of law namely environmental law, human rights law, and intellectual property law. (shrink)

Today, major disciplines (including psychology, philosophy, science, etc.) are seeking to forge a deeper connection with spirituality/spiritual values. Emanating from these efforts are clues about the role of spirituality as an inspiration, a fertile source, and a benchmark for research, policy-making, and reforms. In the case of law/the law, scholars explore its relationship with spirituality in light of diverse topics including human rights, crime prevention, family relations, humanitarianism, development, education, security, conflict resolution, and freedom. A few of these works offer (...) fascinating insights, and a few emphasize the need for more detailed analysis. -/- This chapter seeks to highlight a few aspects of the relationship between law and spirituality. First, it highlights the importance being given to spirituality or spiritual values across disciplines, including law. Second, it aims to map the influence of spirituality in the working of laws and legal systems. This exercise will be undertaken in light of the expressions such as spiritual needs, spiritual rights, the spiritualization of law, etc. Third, the chapter raises a few questions of conceptual and practical importance. (shrink)

The proliferation of criminal laws in different legal systems has made legal practitioners and scholars deliberate upon the present day relevance of old age principles and concepts. The maxim ignorantia juris non excusat (ignorantia juris hereinafter) also falls in this category. The application of criminal law is said to rest on the maxim ignorantia juris, meaning ignorance of law is no excuse. The application of the maxim has from time immemorial been defended on grounds of convenience, utility, and community interests. (...) At the same time it has been challenged on grounds of legality and morality. The application of the maximin criminal matters is secured through penal laws. These laws are further validated through judicial pronouncements. Penal statutes and judicial pronouncements have largely been the basis to determine the exceptions and scope of the maxim. -/- Breaking it down to a single case in hand, several factors come into picture including the nature of the crime in question, the mental state of the person accused, the conduct of the accused person, the objective or public utility of the criminal legislation or provision, and the reasons or justifications offered for its rigid or qualified application. The single case is viewed in light of the general provisions of criminal law of the legal system in which the case is being tried. The uniqueness of each case and the criminal statutes of legal systems make it both complex and conducive to generalize or conclude on the true import and application of the maxim ignorantia juris. (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)

The human mind has been a subject matter of study in psychology, law, science, philosophy and other disciplines. By definition, its potential is power, abilities and capacities including perception, knowledge, sensation, memory, belief, imagination, emotion, mood, appetite, intention, and action (Pardo, Patterson). In terms of role, it creates and shapes societal morality, culture, peace and democracy. Today, a rapidly advancing science–technology–artificial intelligence (AI) landscape is able to reach into the inner realms of the human mind. Technology, particularly neurotechnology enables access (...) to the human mind for research, treatment and other purposes. This enabling feature is now a growing concern. In the field of human rights, this human-science–technology interface is leading to articulation of new human rights to safeguard against modern threats. The wider usage of expressions like neurolaw and mental autonomy reflects on the emerging field of standards to protect the human mind from interference, manipulation and control. Growing literature on the subject sheds light on the human-rights-based approach to the challenge. (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)

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)

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)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...) that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)