In Custody

In Custody

Author: Nitya Ramakrishnan

Publisher: SAGE Publications Pvt. Limited

Published: 2013-08-06

Total Pages: 0

ISBN-13: 9788132109464

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In Custody examines the professed and actual commitment to custodial justice on the part of six South Asian countries. India, Pakistan, Bangladesh, Nepal, Sri Lanka and Afghanistan have all been affected by the geopolitics of colonialism. Nineteenth century Europe is often simplistically seen as the ideological source of the rights discourse in South Asia. But, like any ideological theme, the discourse on rights is also a negotiated space. Resistance created a need to justify imperialism by importing a purpose to it. Regulation of policing was the coloniser's superior norm, and also, his tool of control. The erstwhile colonies inherited the practice of affirming norms while systems enabled their breach. Which is not to say that the purpose of norms is merely hypocritical; political struggles and intellectual discourse have, over the years, ensured the recognition of human rights in international instruments, national charters and even in the very pretexts for their breach. Though human rights are inalienable, the modern state has been uniformly guarded in its response to their imperatives. This book traces the historical and contemporary nature of the conflict between the norm and its practice. Constitutions, statutes and mechanisms of justice are reviewed with case studies and interviews that illustrate the many layers of impunity.


The Search for Justice

The Search for Justice

Author: Kumari Jayawardena

Publisher: Zubaan

Published: 2016-11-21

Total Pages: 291

ISBN-13: 9385932144

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The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of knowledge on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. The essays in this volume examine history and contemporary politics to understand the root causes of sexual violence in Sri Lanka. They look at the polarization created around ethnic and linguistic identities during the three-decades of ethnic conflict, but also scrutinize the routine violence of communities towards their own women in daily life. The authors argue that in this transitional post-war phase, Sri Lankan women must not only be treated as victims, but as agents of change. The writers highlight a hitherto unaddressed aspect of sexual violence: that of the structures that enable impunity on the part of perpetrators, be they security personnel and paramilitary forces, members of armed rebel groups, gangs, local politicians and police or ordinary citizens including close family members. They demonstrate how impunity for perpetrators is both a failure of the formal justice process and a product of individual, community and social conditions and indeed the choices that victims and families make that promote silence over truth. At the end of more than a quarter century of conflict that has left some 100,000 dead, 50,000 women-headed households struggling to survive, as well as countless victims and survivors of sexual violence, the calls for justice can no longer be ignored.


Human Rights in South Asia

Human Rights in South Asia

Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on Human Rights and International Organizations

Publisher:

Published: 1991

Total Pages: 160

ISBN-13:

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Human Rights Mechanism in South Asia

Human Rights Mechanism in South Asia

Author: Shveta Dhaliwal

Publisher: Routledge Chapman & Hall

Published: 2017

Total Pages: 0

ISBN-13: 9781138218642

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This book provides an ideological framework for the establishment of a comprehensive human rights system in South Asia. Presents theoretical bases for a human rights mechanism. Studies existing international frameworks under United Nations and regional initiatives in Europe, the Americas, Africa, and Asia (especially, the Arab world and East Asia). Examines the state of human rights in 8 countries in South Asia, including the SAARC region -- Afghanistan, Bangladesh, Bhutan, India, Nepal, Maldives, Pakistan and Sri Lanka. Uses a multi-disciplinary approach, bringing together law, religion, culture, and contemporary political theories of regionalism.


In Plain Sight

In Plain Sight

Author: Tyrell Haberkorn

Publisher: University of Wisconsin Pres

Published: 2018-01-09

Total Pages: 373

ISBN-13: 0299314405

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Following a 1932 coup d’état in Thailand that ended absolute monarchy and established a constitution, the Thai state that emerged has suppressed political dissent through detention, torture, forced reeducation, disappearances, assassinations, and massacres. In Plain Sight shows how these abuses, both hidden and occurring in public view, have become institutionalized through a chronic failure to hold perpetrators accountable. Tyrell Haberkorn’s deeply researched revisionist history of modern Thailand highlights the legal, political, and social mechanisms that have produced such impunity and documents continual and courageous challenges to state domination.


Violence, Law and Women's Rights in South Asia

Violence, Law and Women's Rights in South Asia

Author: Savitri Goonesekere

Publisher: SAGE

Published: 2004-06-07

Total Pages: 356

ISBN-13: 9780761997962

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This very insightful volume critically analyses the law and law enforcement in three South Asian countries India, Pakistan and Sri Lanka s in order to assess the response of the criminal justice system to violence against women. The contributors assert that the gap between reality and the practice of laws in these countries is unfortunately very wide and women who are victims of violence are further victimised by discriminatory laws, the apathy of the judicial system, and the systematic manipulation of legal provisions. They explore the opportunities to change the legal systems and make them more responsive to women s human right to justice and freedom from violence.


Human Rights Violations in Kashmir

Human Rights Violations in Kashmir

Author: Piotr Balcerowicz

Publisher: Taylor & Francis

Published: 2022-05-26

Total Pages: 261

ISBN-13: 1000513955

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The book is a comprehensive study on human rights in Kashmir in relation to the dynamics of Indo-Pakistani policies, providing a structured and interdisciplinary approach to the subject. Whilst surveying some of the most appalling case studies of human rights abuses, the book offers a methodical analysis of the structural and structured human rights violations in the divided Kashmir and placing them in a much broader context of South Asian politics. The book examines root causes responsible for a human rights violations-prone environment and climate of impunity in which the actors perpetrate their crimes unpunished, unwrapping legal and extralegal nexus behind the crimes. Human Rights Violations in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, human rights studies and South Asian studies.


Transitional Justice in South Asia

Transitional Justice in South Asia

Author: Tazreena Sajjad

Publisher: Routledge

Published: 2013-08-21

Total Pages: 248

ISBN-13: 1135982015

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Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the "local" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the "local" within religious and cultural parameters, thus engaging only with a "static local," as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countries, this book brings attention to a "dynamic local," where societal norms evolve, and realities on the ground are shaped by shifting power dynamics, local hierarchies, and inequalities between actors. It suggests that the "local" must be understood as an inter-subjective concept, the meaning of which is not only an evolving and moving target, but also dependent on who is consulted to interpret it to external actors. This timely book engages with the divergent range of civil society voices and offers ways to move forward by including their concerns in the efforts to help impoverished war-torn societies transition from a state of war to the conditions of peace.