LIJDLR

Human Rights

BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS

BARS AND BOUNDARIES: A CRITICAL ASSESSMENT OF INDIAN PRISONERS’ RIGHTS IN LIGHT OF GLOBAL LEGAL FRAMEWORKS Asna Aslam, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Tanzia Ahmad, 4th year law student at Hamdard institute of legal studies and research (HILSR), School of Law, Jamia Hamdard, New Delhi. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.39 This paper examines the state of prisoners’ rights in India, highlighting the disparity between legal frameworks and their implementation. Despite constitutional protections and international obligations, such as the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the International Covenant on Civil and Political Rights (ICCPR), Indian prisons face systemic issues including overcrowding, prolonged pre-trial detentions, inadequate healthcare, and caste-based discrimination. With undertrial prisoners constituting over 64% of the prison population, delays in judicial processes and financial barriers to bail result in significant violations of their rights to liberty and fair trial. Comparing India’s prison system with those of Germany, Norway, and the Netherlands reveals stark contrasts. Germany emphasizes rehabilitation and normalcy, offering personalized prison plans and vocational training. Norway prioritizes maintaining inmates’ social bonds and dignity, resulting in one of the world’s lowest recidivism rates. The Netherlands, with its minimal prison population, focuses on alternative sentencing, electronic tagging, and comprehensive mental health support. These systems underscore the benefits of humane treatment and rehabilitation in reducing recidivism and fostering reintegration. India’s reliance on punitive measures and its failure to provide humane living conditions underscore the urgent need for reforms. Addressing infrastructure deficiencies, enhancing access to legal aid, and prioritizing rehabilitation are essential to align India’s prison system with human rights standards and ensure the fair treatment of all prisoners. This study emphasizes that lessons from international models could guide India toward a more just and effective penal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 664-706. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN

EVOLVING NORMS OF GOVERNMENT RECOGNITION: THE CASE OF THE TALIBAN IN AFGHANISTAN Gaurav Bohara, Third year student pursuing BBA LLB (Hons.) at Jindal Global Law School. Download Manuscript ABSTRACT This paper examines the evolving landscape of government recognition in international law. Traditionally based on effectiveness, contemporary trends suggest emerging criteria, including gender equality, counter-terrorism efforts, and inclusive governance. The Taliban regime in Afghanistan, with its gender-based discrimination and ties to terrorism, serves as a case study. The international community’s near-unanimous refusal to recognize the Taliban highlights a potential shift towards non-recognition in cases of severe human rights abuses. The paper analyses the legal implications and explores the possibility of conditional recognition as a tool to incentivize compliance with international norms. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 208-214. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN

GENDER INEQUALITY AS A HUMAN RIGHTS ISSUE: ROLE OF CUSTOMS AND BELIEFS IN OPPRESSION OF WOMEN Adhila Fathima.I, Student of Chennai Dr. Ambedkar Government Law College. Download Manuscript ABSTRACT Human rights deal with various issues like trafficking, refugees’ crisis, labourers problems, genocide, war crimes, sexual crimes, lgbt rights and many more. However, the gender inequality problem has been one of the issues that has existed for a considerably long period. Even in this modern era, it is not accepted by the ‘whole’ world that gender equality is a human right. India faced various dimensions in gender justice. There are a lot of changes in the number of rights given without any gender biases provided before and now in India. Because when it comes to the context of India, it is said as one of the countries which was underdeveloped in the past for various reasons, however one of the causes was the setup of patriarchal society of India. In this article it is discussed about the status of gender equality in the past and the legal changes brought up. There is a role of customs, beliefs and practices for the unempowered situation of women of India. Culture and religion are treated as crucial institutions in Indian society. Thus, are any beliefs followed in the society being a cause of Gender inequality? If it is, then what are the practices that bring underdevelopment to women and what legal implications are there? These are the matters which are to be analysed in this article. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 194-207. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM

GENDER NEUTRALITY WITHIN THE DIMENSIONS OF RAPE IN THE INDIAN LEGAL SYSTEM Tanya, Student at Rajiv Gandhi National University of Law, Punjab. Download Manuscript ABSTRACT Rape is the fourth most common crime committed by people in India. It is often considered that rape is committed by male towards the female and therefore it is unlikely to be vice-versa. Not only the people but also the Indian Law is based on the conception that woman is the victim of the rape and man is the perpetuator of crime. The rape scenario in the transgender community is also very disturbing. Sexual assault in the sub-population of the transgender community which includes the youth, individuals with disability, homeless people and those involved in sex trade has been found to be high. Although the concept of gender-neutrality has been recommended by experts and reports, no notable steps have been taken to curb this situation. It is desirable to consider rape with the human rights and negate the role of gender biasness in the identification of the victim and perpetuators of rape. Regardless of gender of an individual, there should be equal protection of law under Article 14 of Indian Constitution. In order to have better understanding and inclusivity in the paper, the author has focused on the secondary data, statistical tests and experiments. The research conducted in this paper finds that even after the amendments in criminal law, the position has remained the same i.e. gender specific. This paper aims to shift the minds of the readers to the neglected nature of the legal system towards the transgender community and the need for gender-neutral laws in the Indian legal system. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 98-112. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

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MISMANAGEMENT OF DIGITAL DEAD BODY: EXPLORATION OF LEGAL ISSUES TO ADDRESS ECONOMIC EXPLOITATION AND HUMAN RIGHTS VIOLATION

MISMANAGEMENT OF DIGITAL DEAD BODY: EXPLORATION OF LEGAL ISSUES TO ADDRESS ECONOMIC EXPLOITATION AND HUMAN RIGHTS VIOLATION Mohammad Minhazur Rahman, Lecturer, Department of Law, State University of Bangladesh (SUB). Download Manuscript ABSTRACT Recent controversies concerning the digital remnants of the deceased and the ongoing debate for symbolic immortality that modern technology pose has already stimulated substantial concern for human rights researchers around the world. The political economy of people’s digital remnants and the human rights challenges arisen from this issue has given sociologists, anthropologists and psychologists fascinating chances to research more about changing attitudes towards death and dignified management of people’s digital dead bodies. The author has attempted to focus that people now expand, extend and eventually transform their lives on the internet and other web-based platforms. It has also been pointed out that people’s information is now re-created and linked in different manners after their deaths and they are utilised for commercial purposes. This research has questioned and compared the traditional concept of death with the emerging concept of digital death. Based on the existing research and available literature, the analysis has also been connected with the current legal framework that ensures dignified dead body management in wars and disasters according to the human rights law and international humanitarian law. The administration of digital identity after death, with thousands of ghost-accounts emerging each day, is becoming a significant problem for the global technology industry and a potential opportunity for technology-oriented criminals. This paper has been written with an attempt to objectively conceptualise the dignified management of the digital dead body and the current contradictions. It also focuses on human rights and points out the immediate necessity of introducing new laws on this issue. The significant areas of digital dead body management have also been covered where regulatory tensions might emerge in the light of digitalisation. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 69-97. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024 Recent content Author Details (NIKITA AMBWANI & RUPALI CHAUHAN) LAW STUDENTS, UNIVERSITY OF RAJASTHAN, JAIPUR Publication Details Volume 1 Issue 1 Year 2022 Published on 01/09/2022

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VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA

VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA Anirudh Singh, Student at jamia millia islamia university Download Manuscript ABSTRACT The paper deals with the concept of victimology and discusses it in detail with the help of decided case laws both in abroad and in India. Victimology means “the scientific study of crime victims including the study of the relationship between victim and offender and of the consequences and effects of being victimized.” The article discusses about its history in different nations of world. Afterwards the paper deals about its development in India. Victimology and its role in the betterment of life of every victim as well as sometimes in life of offender has also been taken in consideration. Then it discusses about various provisions for victims that are given in different acts and statutes, CRPC mainly plays a very important role in victimology. The benefits derived to victims by implication of correct victimology procedure and laws provide them a better way to heal from these ruins of crime that are suffered by them. The Victimology also forms a part of Penology and this aspect has also been covered in this paper. India also suffers a lack of an act/ statue which is completely based on victimology. Only one section in CRPC i.e., 357A deals with this concept but in reality, at least half of CRPC should focus on the concept of Victimology, therefore the drawbacks of not having a victim-based statue and work needed to be done in this direction have been discussed. At last, the role of our Judiciary in promoting Victimology and Victim Compensation has been discussed with the help of latest as well as landmark judgements. The judicial pronouncements have always played a role in the favour of victims even when the offender is state. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue II, Page 364- 381. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2023 Recent content ANALYSIS ON MECHANISM OF CORPORATE GOVERNANCES IN INDIA VICTIMS PLIGHT: NEED FOR GROWTH OF VICTIMOLOGY IN INDIA A STROLL THROUGH THE STATE OF DIGITAL PRIVACY IN INDIA DOMESTIC VIOLENCE: THE GAP BETWEEN STATISTICS AND REALITY UNRAVELLING THE EMERGENCE OF RIGHT TO BE FORGOTTEN IN INDIA EVALUATING THE BEST EVIDENCE RULE: A COMPREHENSIVE ANALYSIS OF ITS APPLICATION IN THE JUDICIAL SYSTEM

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