challenging the rules s of law colonialism criminology and human rights in india

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Challenging The Rules S Of Law

Author : Kalpana Kannabiran
ISBN : 9788132100270
Genre : Social Science
File Size : 67. 54 MB
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This rare comprehensive critique of criminology in India brings together widely respected activists, advocates, bureaucrats, scholars and practitioners who share their concerns about the Indian criminal justice system through an interdisciplinary lens and discuss the need to entrench human rights in Indian polity. It is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India contests unproblematic assumptions of the rule of law and opens out avenues for a renewed and radical study of criminal law in the country. The collection looks at the problem of criminal law from the early colonial period to the present, examining the problem of overt violence by state actors and their compliance with dominant private actors. It calls into question the denial by the state of the wherewithal for bare life, which compounds people’s vulnerability to a repressive rule of law. This work is a must read for students, researchers and faculty of Law, Criminal Law, Criminology, Legal History, Human Rights, Sociology of Law and Colonial History. It will also be invaluable for law historians, legal scholars and policy makers, especially the judiciary.

Challenging The Rule S Of Law

Author : Kalpana Kannabirān
ISBN : 8132112385
Genre : Crime
File Size : 65. 39 MB
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This book re-examines the field of criminology through an interdisciplinary lens, challenging in the process unproblematic assumptions of the rule of law and opening out avenues for a renewed and radical restatement of the contexts of criminal law in India.

Violence Studies

Author : Kalpana Kannabiran
ISBN : 0199464820
Genre :
File Size : 83. 81 MB
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Violence is embedded in our everyday. We encounter not only its overt, raw, and brutal nature but also the deeply buried invisible and insidious forms that normalize violence in the collective conscience, making it less noticeable and more tolerable. This volume opens out the field of violence studies with a focus on its myriad habitations and experiences in India. It interrogates the numerous ways in which omnipresent violence is interpreted and represented, and delves into the interconnections between the identifiable normative axes of power and the engendering of violence. Bringing together fresh methodological and conceptual perspectives on the way violence is understood and analysed, the contributors to this volume investigate its occurrence across sitesâlaw, family, state, gender, labour, caste, sexuality, communalism, and so onâto explore the normal as well as the exceptional. The case studies in this book are all drawn from the Indian experience. This volume aims towards a coherent and more nuanced understanding of violence that moves beyond the episodic to the systemic, structural levels of society and consciousness.

The British National Bibliography

Author : Arthur James Wells
ISBN : STANFORD:36105211722678
Genre : English literature
File Size : 34. 32 MB
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Indian National Bibliography

Author :
ISBN : UCBK:C094319375
Genre : India
File Size : 89. 50 MB
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The Indian National Bibliography

Author :
ISBN : UIUC:30112081535392
Genre : India
File Size : 73. 54 MB
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Tools Of Justice

Author : Kalpana Kannabiran
ISBN : 9781136198755
Genre : Law
File Size : 20. 20 MB
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In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Women And Law

Author : Kalpana Kannabiran
ISBN : 9788132118688
Genre : Social Science
File Size : 42. 50 MB
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How should we approach the problem of “women and law”? Should the focus be on women-centred laws and their efficacy? Or should the focus be, instead, on the ways in which the law imagines women and the ways in which women have engaged with the law—spilling beyond fields traditionally associated with the phrase “women and law”? And how does violence figure in all these? Women and Law, a compilation of 11 insightful essays, examines these questions and a range of concerns—domestic violence, employment and labour, anti-discrimination jurisprudence, family laws, access to forest and land rights, the right to health, the complexities in the intersection of women’s rights with disability rights and women’s experiences of repressive legislation such as TADA. This volume attempts at a fresh mapping of the field of women and law from an interdisciplinary perspective and presents the work of activists, lawyers and scholars in conversation.

Access To Justice As A Human Right

Author : Francesco Francioni
ISBN : 9780191018657
Genre : Law
File Size : 52. 50 MB
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In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

The Violence Of Normal Times

Author : Kalpana Kannabirān
ISBN : UOM:39015066851687
Genre : Women
File Size : 33. 94 MB
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This volume looks at the experience and articulation of violence against women in relation to feminist debates and organising on the issue and the positive/negative responses to that articulation particularly from the standpoint of law and the institutional apparatuses of the state. Its several essays focus on everyday settings from justice dispensed by traditional authorities to modern courtrooms domestic spaces a home for mentally disabled women in Pune a factory in Tamil Nadu. Moving from the routine to the extraordinary the essays analyse the spectrum of violence against women that covers witch hunting in Adivasi communities structural adjustment programmes and economic violence against sexually marginalised groups and against women of religious and ethnic minorities. Read together they expose the extent of systemic violence against women in India a violence so routine that everyday forms of it slide into the gross and macabre in a seamless continuum.

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