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Deepa Kansra
Jawaharlal Nehru University
  1.  27
    Advancing the Human Right to Science Under the International Covenant on Economic, Social and Cultural Rights.Deepa Kansra - 2020 - RMLNLU Law Review.
    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 (...)
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  2.  66
    Backlash Against Human Rights.Deepa Kansra - 2020 - Rights Compass Blog.
    Backlashing is a perennial challenge for human rights. Its manifestation in various forms including the repudiation of human rights standards or resistance to being evaluated by them has made the phenomena central to the discourses on human rights. The backlash or reversal of progress, a strong negative reaction, and counter reactions have been witnessed in various settings across the world. An analysis of the phenomena what can be called the backlash analysis is done in light of specific rights like LGBT (...)
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  3. Bail Under Special Legislations.Deepa Kansra - 2019 - In Manoj Kr Sinha and Anuragdeep (ed.), Bail: Law and Practice in India. Delhi, India: pp. 185-193.
    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 (...)
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  4. Cancellation of Bail.Deepa Kansra - 2019 - Delhi, India: Bail: Law and Practice in India, Indian Law Institute, India.
    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 (...)
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  5.  27
    Dignity- A Regenerative Idea.Deepa Kansra - 2016 - Indian Law Institute Law Review (ILI Law Review) 2 (Winter):202-203.
    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 (...)
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  6.  66
    Earth Consciousness and Evolving Frameworks.Deepa Kansra & Kirat Sodhi - manuscript
    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 (...)
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  7.  63
    Fraternity, the Unforgotten Principle.Deepa Kansra - 2020 - Rights Compass Blog.
    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 (...)
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  8.  12
    Global Policy Convergence and Labour Relations in India.Deepa Kansra - 2013 - International Journal of Law and Policy Review 2 (1):209-218.
    The process of economic globalization has over the years accelerated the pace of labour policy convergence. In the Indian context, labour law since 1991 has witnessed a paradigm shift while embracing a policy of global integration. The ambit of labour relations is now being related with private practice or the informal settings, leading to multiple concerns over labour justice and security. In compliance with global standards, the continuous emphasis upon labour flexibility characterised by flexible labour employment, performance based remuneration, increasing (...)
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  9.  64
    Human Rights and the Practice of Cross-Referencing in Domestic Courts.Deepa Kansra - 2020 - Kamkus Law Journal 4:117-129.
    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 (...)
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  10.  68
    The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR).Deepa Kansra & Mallika Ramachandran - manuscript
    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 (...)
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  11.  28
    Legal and Ethical Dimensions of Artificial Reproduction and Related Rights.Deepa Kansra - 2012 - Women's Link 4 (18):7-17.
    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 (...)
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  12.  92
    Neuro Rights, the New Human Rights.Deepa Kansra - 2021 - Rights Compass.
    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 (...)
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  13.  34
    Retrospectivity of Judicial Interpretation of Penal Statutes.Deepa Kansra - 2009 - Journal of the Indian Law Institute 2 (51):250-266.
    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 (...)
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  14. Rethinking the Maxim Ignorantia Juris Non Excusat.Deepa Kansra - 2020 - Academia Letters.
    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. (...)
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  15.  22
    The Harmonization of Domestic and International Human Rights Standards on Criminalization of Rape.Deepa Kansra - 2021 - Rights Compass.
    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 (...)
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  16.  32
    Why the Mountains.Deepa Kansra & Kirat Sodhi - 2020 - Giri Foundation.
    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 (...)
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