Misguided use, manipulation, misappropriation, disruption and mismanagement of Information deeply affects the infosphere as well as the social and moral fabric of a society. Information ethics is an attempt to bring the creation, organization, dissemination, and use of information within the ambit of ethical standards and moral codes. The diverse and inherently pluralistic nature of societies however puts forth an additional demand on us - to come up with an intercultural information ethics. An intercultural ethics which is other-centric, context sensitive (...) and workable without being homogenizing, patronizing and colonizing. An endeavor in that direction has already been made by proponents of intercultural information ethics like: Charles M. Ess, Fay Sudweeks, Rafael Capurro, Pak-Hang Wong, Soraj Hongladarom et al. In our paper, we propose that the kind of ethical pluralism being sought in the domain of information ethics can be attained by having a reappraisal of the current methodological strategies, by casting a critical relook at the Eurocentric ethical model. This paper analyses the current framework of Intercultural Information Ethics. And in an endeavour to move towards an allencompassing, other-centric, workable, intercultural, harmonious and compassionate model of 'Pluralistic Information Ethics', it proposes the Indian / Asian philosophical method of 'Samvāda' to the current inventory which includes methods like: 'parrhesia/free speech' and 'interpretive phronēsis. (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)

Our concern in this paper lies with a common argument from racial discrimination to realism about races: some people are discriminated against for being members of a particular race (i.e., racial discrimination exists), so some people must be members of that race (i.e., races exist). Error theorists have long responded that we can explain racial discrimination in terms of racial attitudes alone, so we need not explain it in terms of race itself. But to date there has been little detailed (...) discussion of whether it is better to explain racial discrimination in terms of race or in terms of racial attitudes alone. Our goal is to offer a novel and detailed argument in defense of explaining racial discrimination in terms of racial attitudes alone, by attending to the neglected phenomenon of misperception discrimination, which involves differential treatment due to misperceived race. We argue that the discriminatory action in misperception cases must be explained in the same way as cases where (according to the realist) the victim’s race is accurately perceived. Thus, the victim’s actual race cannot provide the best explanation. The main upshot of our argument is that explanatory arguments from racial discrimination to realism about race fail. (shrink)

Andrzej Waleszczyński critiques my argument for why the relationship between a pregnant person and any fetus they carry is not a relationship between a parent and a child. I argue Waleszczyński does not show that my “argument from potentiality” is inadequate, and I provide further justification for why birth marks a transformative shift into a moral relationship.

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)

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)

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)

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)

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)

Today, property rights have occupied tremendous academic and political space because of their close affiliation to human rights. At the global forums, the right to property is often advocated as a "fundamental human right" essential for the integrity of the individual, and also crucial to freedom, prosperity, and realizing equality. However, beyond the human rights proposal, economic development in the globalization decade has affected the state policies that have disturbed the sanctity of property rights for many households. Owing to such (...) occurrences, the issue of ‘property’ is now one of the biggest concerns of the state and the society, giving adequate reasons to question or dispute illusionary human rights discourse on property. In India, the harsh reality of land acquisition in the exercise of the power of eminent domain has reduced property to a mere political construct. The conflicts over acquisition and subsequent social exclusion have begun to expand their ambit and have taken over the streets, courtrooms, and public spaces. This paper attempts to put forth substantial arguments to satisfy that a human rights discourse on the property is either faulty or ignorant of reality, if devoid of context. Also, theorizing on property rights does not suffice as a standard for reasonable reforms in state policy vis-à-vis property. -/- . (shrink)

Today, a rights-based approach to technology regulation is central to national and international law-making. A human-rights-based approach would involve viewing technology from the prism of human rights objectives and principles. A more specific turn would be to evaluate their impact on specific rights, namely the right to life, right to peaceful assembly, right to development, right to redressal, rights against discrimination, right to education, etc. Normative frameworks have emerged to further protect human rights from technology-based harms. This paper covers a (...) few conceptual and institutional considerations highlighted in seminal works from scholars and international human rights institutions. To name a few; (1) technology and discriminatory challenges (2) design and use of technology (3) digital divide amongst countries (4) duty of actors, (5) neoliberal technologies, (6) the use of prohibitions and remedies, and (7) the emergence of new human rights. Much of the advocacy and rights-based interventions around the globe are attentive to technology’s challenges to human rights. The abovementioned considerations define the core of the international normative framework, which is often advanced to protect human rights from technology-based harms. (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)

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)

The Chinese rites controversy is typically characterized as a religious quarrel between different Catholic orders over whether it was permissible for Chinese converts to observe traditional rites and use the terms tian and shangdi to refer to the Christian God. As such, it is often argued that the conflict was shaped predominantly by the divergent theological attitudes between the rites-supporting Jesuits and their anti-rites opponents towards “accommodation.” By examining the Jesuit missionary Kilian Stumpf's Acta Pekinensia—a detailed chronicle of the papal (...) legate Charles-Thomas Maillard de Tournon's 1705–6 investigation into the controversy in Beijing—this article proposes that ostensibly religious disputes between Catholic orders consisted primarily of disagreements over ancient Chinese history. Stumpf's text shows that missionaries’ understandings of antiquity were constructed through their interpretations of ancient Chinese books and their interactions with the Kangxi Emperor. The article suggests that the historiographical characterization of the controversy as “religious” has its roots in the Vatican suppression of the rites, which served to erase the historical nature of the conflict exposed in the Acta Pekinensia. (shrink)

Prof. Devinder Singh Chahal, an international microbiologist, having worked at various prestigious universities in India and the USA, migrated to Canada in 1975. In Canada, firstly, he worked at the University of Waterloo, Ontario and later on at Institut Armand‐Frappier, Université du Québec, Laval, Québec. He retired as a Professor of Industrial Microbiology in 1996. In his long career as a microbiologist, he is credited with the discovery of two new species of fungi, three scientific books, numerous research articles (...) and five patents. He has published 6 books and several articles on the scientific and logical interpretation of Gurbani. He played an instrumental role in establishing the Institute of Understanding Sikhism, Laval, Quebec. Presently, he is working as honorary Editor‐in‐Chief of "Understanding Sikhism: The Research Journal." Besides, he is a member of the Advisory Committee of SGGS Study Centre, G.N.D. University, Amritsar since 2011. He has been honoured for his services to Sikhism by several Sikh organizations e.g., SGPC, Amritsar; DSGMC, New Delhi and SGGS World University, Fatehgarh, Punjab. A renowned microbiologist and a noted Sikh theologian, Prof. Chahal, is a founder member of the School of Scientific and Logical Interpretation of Gurbani. He is committed to bringing out the truth of Gurbani, logically, rationally and scientifically. With his scientific training and devotion to Gurbani, he is eminently qualified to do so. Prof Chahal adheres that Nanakian Philosophy is perennial and universal in its approach to understand Cosmology, Nature, life and human behaviour in the present era. In his works, he portrays intellectually courageous and authentic attempts to interpret Guru Nanak's verses logically and scientifically, to create an accurate understanding of the Guru's messages. His scientific background and professional life as a scientist have undoubtedly influenced his choice of paradigm and perspective. Prof Chahal asserts that Guru Nanak, his philosophy, his bani, his Sikhi, and the Guru Granth Sahib delineate the basics befitting the 21st century. His views on various aspects of Nanakian Philosophy are presented here for the benefit of readers:. (shrink)

This essay argues that the concept of ‘racial capitalism’ can help us understand the connections between seemingly disparate parts of Voltaire’s extensive corpus of work. It contends that even though the Enlightenment’s racial politics abounded with contradictions and ambivalences, Voltaire stood out from his contemporaries. While the connections between his polygenism – the theory that humans of different races were created separately – and material investments in colonial commerce have long been debated by radical historians, this essay suggests that Voltaire’s (...) views about race’s relationship to labour were transformed by France’s colonial losses during the Seven Years’ War. (shrink)

Dr. Devinder Singh Sekhon served as a Chemistry/Educational Administration professor at various colleges/Universities in Alberta and British Columbia, Canada. Presently, living in Windsor, Canada, he is actively contributing to the fields of Science, Religion, and Literature. Despite being a noted chemist and educationist, he is interested in sharing his insights about religion and science. Due to this keen dedication to sharing his understanding of Sikhi doctrines with all, he authored seven books on various aspects of the Sikh way of (...) life. In addition, his about three dozen stories and two dozen articles have been published in various newspapers and magazines in India, Canada and the USA. His writings, laced with his rationalistic approach and logical outlook, have been well appreciated by his readers. Presently, he is entirely devoted to preparing an English translation of Sri Guru Granth Sahib, the sacred scripture of the Sikhs. In one of my recent meetings with him, I had a chance to learn more about his contributions and insights into Sikhism. A brief write-up of the interview is being shared for the benefit of the readers. (shrink)

A renowned Sikh scholar and internationally recognized expert on Calendrical Science, S. Pal Singh Purewal's outstanding contribution to Sikh history has been the Nanakshahi calendar. In the old Bikrami calendar, some gurpurabs (Sikhs' sacred days for commemorating certain events) came twice a year, and some gurpurabs did not come even once a year. Taking cognizance of these anomalies, Pal Singh Purewal took the initiative to remedy the situation. For nearly fifteen years, he toiled hard to sort out the (...) problem. His endeavor led to the creation of the Nanakshahi calendar. Announcing its release, he opined: "All communities and faiths have their own calendar as a mark of their distinct cultural identity. So, just as the Islamic world has the Hijri calendar and Hindus have the Bikrami calendar, the Sikhs will have a Nanakshahi calendar along with the common era (CE) calendar, which is in use throughout the world.". (shrink)

Guru Gobind Singh, the tenth Sikh Guru, was a divine preceptor and crusader for noble cause of human welfare. He was a great religious leader, a poet and a mystic, a true scholar and philosopher. He was also a fearless warrior and a military commander, who always fought against tyranny and oppression, to establish a just and benign state. In his hymns of 'Bachitar Natak', he proclaimed his mission as 'to protect the righteous, oppressed and downtrodden people and to (...) destroy the evil-doers'. He stressed on the unity between humans, rejected all sorts of discriminations and preached equality and goodwill. Being a prolific writer and a poet of rare sensibility, Guru Gobind Singh greatly enriched the literary heritage of India. His poetic vision depicts the glorious epitome of medieval Indian literary traditions. Through his compositions, he enunciated a doctrine of armed struggle for the protection of truth and justice. The fusion of the devotional and martial, of the spiritual and the heroic ethos is the most important feature of his literary work and his charismatic leadership. With his spiritual dynamism, he attempted to reconcile the transcendent with the immanent through his creation of the Khalsa. The commonwealth of the Khalsa was founded based on all round equality and total dedication to one Supreme Reality. Guru Gobind Singh was a pioneer Indian leader to introduce republican set up and democratic institutions. His teachings have great relevance for the modern man to build a global society with a commitment to peace and goodwill across all sorts of constraints and geographical boundaries. (shrink)

It is now standard to distinguish between two kinds of rationality: substantive rationality, which consists in holding attitudes that are substantively reasonable or justified, and structural rationality, which consists in holding attitudes that fit together in the right ways. What, if anything, unifies these two kinds of rationality? In this paper, I propose that norms of rationality arise because we are epistemically limited beings who cannot directly ensure the correctness of our attitudes. Substantive and structural rationality represent two different ways (...) of manifesting a fundamental commitment to getting things correct, given our epistemic limitations. Correspondingly, substantive and structural irrationality are distinct rational failures. Substantively irrational attitudes involve a failure to live up to the commitments that constitute those attitudes. Structurally irrational combinations of attitudes are constituted by inconsistent commitments, which guarantees that we will fail to live up to at least some of our commitments in holding these attitudes. (shrink)

Bhai Vir Singh, a multifaceted personality, had made a seminal contribution to the Sikh religion, its heritage and Punjabi literature. He was one of the harbingers of the Sikh renaissance and immensely contributed to rejuvenating Sikh heritage, history, literature, education, culture and commerce. Bhai Vir Singh was born on December 5, 1872, at Amritsar. He was the eldest among his six siblings. His father, Dr. Charan Singh, was a medical practitioner and an illustrious scholar. His grandfather Bhai (...) Kahan Singh was the first in the family to be sworn as a Sikh and was a forerunner of the family's literary and scholarly tradition. Bhai Vir Singh's ancestry includes Diwan Kaura Mal, the vice-governor of Multan. Bhai Vir Singh's maternal grandfather, Giani Hazara Singh, too was a renowned exegete and a man of letters. Bhai Vir Singh's upbringing in the legendary scholarly Sikh family greatly shaped his personality and works. (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)

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)

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 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)

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)

Paath-Bhed Gatha Sri Guru Granth Sahib by Giani Jagtar Singh Jachak is an exceptional work that delves into the intricate and profound historical and textual aspects of the Sikh holy scripture, Sri Guru Granth Sahib. Authored by a distinguished figure with extensive credentials in the Sikh community, this book offers a comprehensive and insightful exploration of the textual variations in the Guru Granth Sahib Ji. Giani Jagtar Singh Jachak brings a wealth of experience and reverence to his work. (...) As a former Granthi at the Sri Darbar Sahib in Amritsar, he has a deep-rooted understanding of the spiritual practices and liturgical traditions associated with the Sikh faith. His role as an Honorary International Sikh Missionary for the Shiromani Gurdwara Parbandhak Committee (SGPC), an Ambassador for Peace with the Universal Peace Federation in New York, and the Director of the Guru Granth Institute of Melbourne further enhanced his credibility and the depth of insight presented in this book. (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?

Dr. Karminder Singh Dhillon is a much-acclaimed administrator, a renowned theologian, a profound scholar of comparative religious studies, a prolific writer, and a Sikh thinker. During his 32 year long professional career in the Malaysian Civil Service, he has served the country in several important positions. Since 1985, as a devout Sikh, he has been involved in Kirtan, Katha, and Parchar activities. Besides his marvelous professional achievements, Dr. Karminder Singh has made remarkable contributions toward the authentic understanding of (...) Gurbani through reform-oriented writings and videos. His theological enunciations are particularly noteworthy due to their originality and rational description. Dr. Dhillon is committed to bringing out the truths of Gurbani, logically, rationally, and authentically. With his excellent professional and academic training – coupled with his devotion to Gurbani - he is eminently qualified to do so. He adheres to the belief that Sikh Gurus' Philosophy is perennial and universal in its approach to understanding cosmology, nature, life, and human behavior in the present scientific era. He emphasizes that Sikh Gurus' philosophy, bani, and Sri Guru Granth Sahib (SGGS) delineate the basics of life befitting the 21st century. Keeping in view his outstanding contributions to the propagation of Sikhi, his views on various aspects of Sikh Philosophy are presented here for the benefit of readers. (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)

Some responses to analogies between abortion and infanticide appeal to Judith Jarvis Thomson's argument for the permissibility of abortion. I argue that these responses fail because a parallel argument can be constructed for the permissibility of infanticide. However, an argument on the grounds of a right to choose to become a parent can maintain that abortion is permissible but infanticide is not by recognizing the normative significance and nature of parenthood. -/- Certaines réponses aux analogies entre l'avortement et l'infanticide font (...) appel à l'argument de Judith Jarvis Thomson en faveur de la licéité morale de l'avortement pour désamorcer ces analogies. Je soutiens que ces réponses échouent parce qu'un argument parallèle peut être construit en faveur de la licéité de l'infanticide. Cependant, un argument reposant sur le droit de choisir de devenir parent permet de soutenir que l'avortement est autorisé mais que l'infanticide ne l'est pas en reconnaissant le sens et la nature normatifs de la parentalité. (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)

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)

Guru Gobind Singh, the tenth Sikh Guru, is celebrated for his profound teachings on faith, courage, justice, and unity. This article explores the timeless lessons from his life and works, emphasizing the key values he instilled in his followers. Guru Gobind Singh's unwavering faith in God, despite facing immense personal losses, highlights the importance of inner resilience and spiritual commitment. His courage to defend truth and justice, especially in the face of oppression, teaches the significance of standing up (...) for what is right. The Guru’s emphasis on self-discipline, personal responsibility, and sacrifice for a higher cause guides ethical living and community service. His advocacy for the equality of all people, regardless of caste, gender, or religion, underscores the relevance of inclusivity and social justice. Additionally, Guru Gobind Singh’s promotion of education, both intellectual and spiritual, reinforces the need for lifelong learning and moral development. His leadership style, rooted in humility and empowerment, offers valuable lessons for modern leaders. Through the teachings of Guru Gobind Singh, individuals are encouraged to lead lives of integrity, compassion, and unity, making his legacy a timeless source of inspiration for the world today. (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)

Guru Gobind Singh was a many splendoured genius, possessed of extraordinary qualities of virtue and valour, service and sacrifice, solider and scholar. He was not only a great warrior but a prolific writer and a poet of high calibre. The brief span of forty-two years of his life is full of much activity. He wrote in many languages. It is said that fourteen maunds load of manuscripts were lost in Sirsa when the Guru was being pursued from Anandpur to (...) Chamkaur. Fortunately, some of his work survived and from this, we get a pretty clear picture of his aims and ideals. The Guru compiled a variety of poetic compositions, some of which are considered masterpieces of medieval Punjabi poetry and Braj literature. His patronage of poets and scholars at his Darbar contributed a significant addition to the storehouse of Puranic Epics in Indian literature. (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)

The elections and political parties are necessary ingredients of democratic governance. Elections are a necessary condition of representative democracy. In representative democracy citizens participate in politics primarily by choosing political authorities in competitive elections. Elections, hence, are a necessary and crucial instrument to make democracy work. In India, free and fair elections are held at regular intervals as per guidelines of the constitution and the Election Commission. To make them free of flaws it is essential to reform them from time (...) to time. Electoral reform means introducing fair electoral systems for conducting fair elections. It also rejuvenates the existing systems to enhance and increase the efficiency of the same. Following the demands of electoral reforms several committees were being set up. Some of the measures like reduction of voting age and anti defection law are appreciable but there are other vital areas in election field completely neglected. This paper will evaluate about different attempts made for electoral reforms in India. Different challenges before the Election Commission are also been discussed, also how it can be made effective as suggested by Commission in India will be presented. A comparative analysis with other democratic countries like U.S.A and U.K. is added to it. (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 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)

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)

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)

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)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal Law, (...) Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

The prosecution of international crimes is a challenge both under international and domestic law. Taking the example of international criminal law (ICL) , the fullest realization of its objectives is influenced by many factors including; (a) the adoption of appropriate laws by states, (b) the adequacy of the ICL framework on definitions of crimes and principles of criminal responsibility, (c) the level of political control and involvement in decision making related to investigation, prosecution or extradition, (d) Problems with exclusion including (...) restrictions on the rights of victims with regard to the proceedings and to reparation, and (e) The application of provisions for amnesties and similar measures of impunity. -/- Over the years, the mandate of States under ICL has expanded. Key reforms under ICL and domestic laws have been led by the above mentioned concerns. The scope of state obligations, in particular, has been shaped by the standards adopted under the ICL framework including the "duty to prosecute" international crimes. The article discusses the normative significance of the "duty to prosecute". (shrink)

The jurisprudence under international human rights treaties has had a considerable impact across countries. Known for addressing complex agendas, the work of expert bodies under the treaties has been credited and relied upon for filling the gaps in the realization of several objectives, including the peace and security agenda. -/- In 1982, the Human Rights Committee (ICCPR), in a General Comment observed that “states have the supreme duty to prevent wars, acts of genocide and other acts of mass violence ... (...) Every effort … to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life.” Over the years, all treaty bodies have contributed in this direction, endorsing peace and security so as “to protect people against direct and structural violence … as systemic problems and not merely as isolated incidents …”. A closer look at the jurisprudence on peace and security, emanating from treaty monitoring mechanisms including state periodic reports, interpretive statements, the individual communications procedure, and others, reveals its distinctive nature. (shrink)

Prof. (Dr.) Balwant Singh Dhillon, a much-acclaimed Sikh-historian, a dedicated researcher, a prolific writer, and a profound scholar of religion, was born in 1950, at Village Ran Singh Wala, District Faridkot, Punjab, India. With his keen interest in learning, he received a B.A. degree from SGGS College, Chandigarh, in 1972, and an M.A. (History) degree from the University of Rajasthan, Jaipur in 1974. During his younger days, he nurtured a keen interest in sports. On attaining the National Level (...) Athlete ranking, he was enthusiastic about pursuing a career in sports. Thereby, he joined Master Course for Coaching in athletics at the National Institute of Sports, Patiala, in 1974. Herein, he came in contact with Prof. Labh Singh of the Institute of Sikh Studies (IOSS, now Gurmat College), who inspired him to take up Sikh studies. This interaction brought a sea change in his life motive, and he committed himself to pursue a career in Sikh studies. After receiving M.A. (Religious Studies) degree from the IOSS in July 1976, he joined M. Lit. (Religious Studies) course at Punjabi University, Patiala. Here he had the opportunity to learn from several eminent scholars, e.g., Prof. Harbans Singh, Prof. Gurbachan Singh Talib, Prof. L.M. Joshi, and Dr. A.N. Sinha, etc., which made his resolve steadfast. In January 1977, he joined the Department of Guru Nanak Studies at Guru Nanak Dev University (GNDU), Amritsar, to pursue his research activities for a Ph.D. degree. In March 1985, he was awarded a Ph. D. degree by GNDU, for his outstanding research work on "The Sikh Gurus and the Mughal State." Starting, in April 1979, as a Research Assistant at the Department of Guru Nanak Studies, he rose to the position of Professor and Head of the department. He retired in June 2010. During his tenure at the university, he had also served as Dean, Faculty of Humanities and Religious Studies, Senator and Syndic of the University. As Head of the Department of Guru Nanak Studies, he played a vital role in starting the teaching of M.A. (Religious Studies and Philosophy)at GNDU, Amritsar. Under his stewardship, the research projects on "Sikh Religion and Philosophy," "Sikh History," and "Sikh Literature" were taken up, which led to a research and development grant of Rs. 3.2 Million from U.G.C., New Delhi, during 2006-2011. Dr. Dhillon was instrumental in establishing the Centre on Studies in Sri Guru Granth Sahib at the university, in April 2011, and served as its founding Director till February 2015. He has also served as the Editor-in-Chief for reputed Sikh research journals, "Journal of Sikh Studies" and "Perspectives on Guru Granth Sahib," published by the GNDU. In his forty years long professional career, he has been credited with authoring/publishing about a dozen books and over 100 articles in various research journals, books, and encyclopedias. Besides chairing several international seminars/conferences, he played a vital role in organizing many such events at the Department of Guru Nanak Studies and Centre on Studies in Guru Granth Sahib. He has the honour of representing India at many conferences/ seminars within Canada, America, England, Germany, and Australia. With his continuous dedication to religious studies, he has established himself as an exponent of interfaith dialogue and an eminent writer in the field of Sikh history. Through his well-researched and analytic writings, he has created an indelible mark of scholarship on his readers' minds. For his outstanding contributions in the fields of Sikh history and literature, he has been honoured by several literary and social organizations. Despite his great love and commitment to Sikh History and Religion, Dr. Dhillon subscribes to the idea that Sikh Gurus' Philosophy is perennial and universal in its approach to understand cosmology, Nature, life, and human behaviour in the present era. Furthermore, He asserts that the Sikh Gurus' ideology, its beliefs and practices, social order, worldview, and devotional pattern, as propounded in Sri Guru Granth Sahib, address the basics befitting the 21st century. His views on various aspects of Sikh history and philosophy are presented here for the benefit of readers. (shrink)

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 (...) rights, women’s sexual and reproductive freedom, rights of immigrants and ethnic and religious minorities. The analysis also covers the behaviour of institutions and movements. The backlashers have been identified as state institutions, a group of states, movements and non-state actors. With growing attention on the subject, it is of great value to ascertain whether there a way to comprehensively understand it? (shrink)