RightsViews – Page 3 – Opinion and research from the human rights community at Columbia University

No Law, No Order: The Perplexing Case of Extra-Judicial Killings in ‘New’ India

June 9, 2023 by Jess GallagherNo Comments

By Guest Writer Shaharyaar Shahardar The right to life and the corollary right to be free from the arbitrary deprivation of life constitutes an essential human right that was formally codified in the International Covenant on Civil and Political Rights (ICCPR) in 1976. Article 6(1) of the ICCPR states that “every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.” This principle now has attained the jus cogens status as a peremptory norm in international law. Nevertheless, States continue to engage in this practice, justifying such killings as necessary to maintain law and order, combat terrorism, or suppress dissent. Similarly in India, neither extrajudicial killings nor the indifference of authorities towards them is new. What is worrisome this time, however, is authorities’ explicit support for extrajudicial killings. Recently, Asad, son of Atiq Ahmed (a former Parliamentarian) and his aide, Ghulam, were killed in an ‘encounter’ in Jhansi,...

Addressing Ableist Apologia: The Fixation on ‘Fitness’ in U.S. Politics

June 1, 2023June 1, 2023 by Meryem BahadirNo Comments

By Co-Editor Jess Gallagher Content note: ableist language and disablism “Dear leftists, I see that many of you were offended by my Fetterman comments, calling me an “ableist.” After thinking about it, I’d like to apologize … for absolutely nothing. I expect potential senators to be able to form complete thoughts and/or sentences. You idiots.” –Donald Trump Jr. And so, the age of ableism and apologia is among us, once again, in the political sphere. But where can we even begin to address this deeply ingrained rhetorical pattern amongst politicians? Let’s start with the most recent midterm election, and analyze what the victory of Pennsylvania State Senator, John Fetterman, shows us about the future of ableism in politics. In the Pennsylvania race for the state’s U.S. Senate seat, Democratic candidate John Fetterman has had to continuously defend his “fitness” to serve in office after experiencing a stroke in May. Republican candidate for Senate in Pennsylvania, Mehmet Oz, and his campaign continued to add to...

Mind Over Matter: Why the MINDS Act is Essential Legislation

May 26, 2023 by Jess Gallagher2 Comments

By Guest Writer Emma McDonnell Playgrounds, sleepovers, and playdates; for a child, a carefree childhood is fundamental to a well-lived life. These innocent and relaxed days stand in stark contrast to the work and stress-filled days that often typify adulthood. The reality, however, is that the children of today face increased levels of stress and anxiety, sentiments which have been compounded by the COVID-19 pandemic, war, natural disasters, and famine, among other conflicts and issues. Children who live in conflict-torn areas are unable to live, grow, and develop in normality. They cannot play as normal children would do. They may be unable to attend school as normal children would do. In these formative years, children have little to no control over their lives and as such are incredibly vulnerable. When the images and stories of children being imprisoned in cages and separated from their parents at the U.S.-Mexico border first surfaced, many were horrified and shocked that these measures were being taken, but...

Most Unusual Requests: Transgender, Jewish students targeted in the US, Ukraine

May 17, 2023 by Jess GallagherNo Comments

By Guest Writer Ararat L. Osipian Florida Governor Ron DeSantis is asking state universities to fill the survey regarding the number and ages of students who sought gender dysphoria treatment, including sex reassignment surgery and hormone prescriptions. This survey has been sent to the universities by the state’s budget director, Chris Spencer: “Our office has learned that several state universities provide services to persons suffering from gender dysphoria. On behalf of the Governor, I hereby request that you respond to the enclosed inquiries related to such services.” The survey is to be completed as part of the obligation to govern institutional resources and protect the public interest. It did not take long for Democrats to respond. House Democratic Leader Fentrice Driskell said that “We can see cuts in funding for universities to treat students with this condition, and I think an all-out elimination of services is certainly on the table.” According to Driskell, the Floridian Governor is trying to remake the state’s...

Why the UNHCR Needs to Bring a Policy Change to Help Displaced Afghans

May 17, 2023June 22, 2023 by Jess GallagherNo Comments

By Guest Writer Mohammad Zayaan On September 15, 2021, after a hostile takeover, the Taliban took control of Afghanistan, leading to one of the worst humanitarian crises the world has witnessed. Thousands of Afghans were displaced from the country and forced to move to different parts of the world to avoid persecution. As a result, some countries developed specific policies, after this unprecedented increase in the refugee influx, some guaranteeing safe haven while others are refusing to accept them. This article discusses a specific policy change that the UNHCR could bring to help people from Afghanistan who had migrated before September and whose application for refugee status had been rejected by the UNHCR. Apart from a country’s own refugee policy, the UNHCR has a separate mechanism called Refugee Status Determination (RSD) to identify and recognize refugees. This mechanism is based on the Refugee Convention, 1951, the Protocol Related To The Status Of Refugees(1967), and the principle of non-refoulement. It is also used...

Art in Time of War: Celebrating the Resilience of Ukrainian Culture

May 17, 2023May 17, 2023 by Jess GallagherNo Comments

By Guest Writer Emma McDonnell Art is a means to document, a means to capture emotions, feelings, and history. Art has the capacity to chronicle and tell the story of a bygone era—to depict events and places which the world no longer knows of. And ultimately, art is a marker of the past, present, and future. As such, it ties us to periods and moments–persevering through devastating and disastrous times such as war and conflict. Hosted by the Harriman Institute together with the President’s Office of Columbia University, Art in Time of War: Celebrating the Resilience of Ukrainian Culture celebrated the strength and talent of Ukrainian culture through a variety of artistic mediums. The event combined music, poetry, film, art, and conversation to showcase Ukrainian creativity and artistic talent. The event began with opening remarks from the Director of the Harriman Institute, Valentina Izmirlieva, followed by remarks from the Executive Vice President for Columbia Global, Waffaa El-Sadr. Both highlighted what a unique, monumental,...

Social Norms Constraining Legal Provisions: Coparcenary Rights of Indian Daughters

May 14, 2023 by Jess GallagherNo Comments

By Guest Writer Prasun Nabiyal The Hindu Succession Act (Amendment) of 2005 placed Hindu daughters on an equal footing with sons by giving them coparcenary rights over their father’s ancestral property. Coparcenary rights are a bundle of property rights shared among joint-heirs. According to N.R. Raghavchariar’s “Hindu Law Principles and Precedents”, this includes rights such as right to joint-possession and right to demand partition. Prior to the 2005 amendment, these rights were the exclusive domain of Hindu sons. The amendment thus marked a watershed moment, moving away from the gender-discriminating Hindu Succession Act of 1956. Last year, the Supreme Court of India, in the same tradition, held that Hindu daughters can inherit both self-acquired-property and coparcenary property. However, despite these progressive developments in the legal realm, the societal perception towards the issue of Hindu women possessing property rights persists. The mainstream view continues to believe that only sons, not daughters, have coparcenary rights. Thus, the exercise of these rights by daughters is...

Forced Evictions and Bulldozer Demolitions: Crushing Human Rights under the Rubble

May 14, 2023 by Jess Gallagher1 Comment

By Guest Writer Ketan Aggarwal “My parents were sleeping inside the house. They demolished the house without informing us and set it on fire. I somehow managed to come out of the house. The policemen caught me and beat me up. They were trying to push me inside the burning house. My father was severely burnt, while my mother and sister died in the fire.” These were the words of Shivam, whose house was demolished during an anti-encroachment drive in the Kanpur Dehat district of Uttar Pradesh this month. This disturbing incident is not an isolated case of what has been termed "Bulldozer Justice." Similar incidents of forced evictions and demolitions have occurred in other parts of India, including Delhi and Madhya Pradesh. Many political parties, NGO & human rights groups like Al Jazeera have criticized these actions, which disproportionately target marginalized and minority communities, as a form of extrajudicial punishment. The use of bulldozers to demolish homes and businesses has become increasingly prevalent...

A Long Road to Fulfilling the Rights of Indonesian Domestic Workers: One Step Forward for Ratifying the Domestic Workers Protection Bill?

May 14, 2023May 15, 2023 by Jess GallagherNo Comments

By Guest Writers Desi Yunitasari and Devi Yusvitasari Introduction With a population totaling around 260 million individuals, Indonesia is the fourth-largest country in terms of population size. This has contributed to the surplus of workers in Indonesia. Domestic workers are a fundamental part of the movement of the activities of millions of households in line with the increasing demand for the needs of families in urban and rural areas to do household work such as care and maintenance-and household services. Indonesia not only employs millions of domestic workers but supplies them in large numbers to Malaysia, Singapore, Hong Kong, Taiwan, Korea and Middle Eastern countries. Domestic workers indirectly affect national economic growth, as the wages they send home contribute to the country's foreign exchange earnings. The International Labour Organization (ILO) estimated that 80 percent of all domestic workers are women, while underage female workers make up 30% of the workforce. Most of these women and girls are breadwinners for their families. Moreover,...

Disenfranchisement of Prisoners in India: Representation or Repression of the People?

March 27, 2023March 27, 2023 by Meryem BahadirNo Comments

By Guest Writer Avanti Deshpande Introduction Free and fair elections underpinned by the universal adult franchise are undoubtedly the cornerstone of a democratic state in today’s standards. Yet, while most democratic countries acknowledge the importance of voting rights, voter suppression and voter disenfranchisement are not new problems and have long been plaguing democracies. Indian law places a blanket ban on voting for all prisoners; i.e., not only convicts but under-trial prisoners whose innocence or guilt is yet to be proven conclusively in a court of law. With no exception, reasoning, or rationale being provided under law for denying prisoners the right to vote, this piece will attempt to critically engage with the issue of the disqualification of prisoners from voting in elections and argue that it is fundamentally unconstitutional and violative of the basic tenets of a democratic state. Overview of the Present Legal Framework The issue of the disenfranchisement of prisoners in India stems from Section 62(5) of the Representation of the People Act,...