Of Orwellian Times and Beyond: Examining India’s Recently Amended Anti-Terror Law

Of Orwellian Times and Beyond: Examining India’s Recently Amended Anti-Terror Law

Guest Contributor Ashwin is an Advocate practising across trial and appellate courts in India. He belongs to '18 B.A.LL.B.(Hons.) class of Rajiv Gandhi National University of Law, India. When governments decide to condemn one as being “involved in terrorism” simply on the basis of belief and nothing else, one cannot help but wonder whether “Thought Police” from George Orwell’s 1984 is being brought to life. To be condemned solely on beliefs would indeed be blasphemous for the vires of justice. The Indian Parliament has recently introduced a process which allows individuals to be subjectively designated as terrorists by the government. The recent amendments to the Unlawful Activities (Prevention) Act allow the Indian Central Government to designate any individual as being “being involved in terrorism” based solely on, as stated,“if [the Central Government] believes that such… individual is involved in terrorism.”  Violation of the Principles of Natural Justice & lack of Procedural Fairness These recent amendments to the Act threaten the principles of natural justice...
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Will the ‘not so accessbile’ Rajasthan State Assembly Elections, 2018, be a precursor to the Lok Sabha Elections in 2019?

Will the ‘not so accessbile’ Rajasthan State Assembly Elections, 2018, be a precursor to the Lok Sabha Elections in 2019?

The 2019 Lok Sabha Elections are happening throughout India in several phases. At the present moment, the entire nation is embroiled in debates about who will be elected into the next Indian government, as well as reflections on the achievements of the current administration. Part and parcel to the upcoming elections is an important element that has been widely neglected: the question of accessibility. There is a broad lack of awareness about the issue of accessible elections, exasperated by a tendency for discourse to focus on more “appealing” election issues such as development, poverty, corruption and nationalism. ‘Accessible Elections’ was finalised as the central theme for all the upcoming elections by the Election Commission of India (ECI) during the National Consultation on Accessible Elections held in the first week of July, 2018. The aim is to increase the participation of Persons with Disabilities (PwDs) in elections by making them more inclusive and accessible to increasing numbers of people from different communities....
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Human Rights in China: Mass Internment of Uyghurs & Other Muslim Populations

Human Rights in China: Mass Internment of Uyghurs & Other Muslim Populations

The Human Rights Institute at Columbia Law School invited Uyghur scholars to explore current practices of the Chinese government in the mass internment of Uyghur and other Muslim populations in Xinjiang, and address what human rights advocates and the broader public can do to end these systemic human rights violations. Since 2017, official reports have indicated that at least one million Uyghur and other ethnic minorities have been held in Chinese "political re-education camps" without due process rights or trial. With growing pressure from the international community to address China’s “re-education camps” in Xinjiang Uyghur Autonomous Region (Xinjiang), Columbia Law School’s Human Rights Institute welcomed an esteemed panel of Uyghur intellectuals and academics to discuss this pressing human rights issue. Vincent Wong, a Masters of Law Human Rights Fellow at Columbia Law School and event organizer, began the presentation with a precautionary statement to the audience. “I just want to recognize that there are a lot of people in this room...
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Vigilante Hate Crimes in India

Vigilante Hate Crimes in India

The following is a guest-written opinion piece by Rahul Saraswat and Akshansh Sharma, students at the Gujarat National Law University in India. Approximately 88 people have been killed in India since 2015 and hundreds have been seriously injured by groups of people who call themselves cow vigilantes. Cows are considered sacred in Hinduism and the cow vigilantes justify violence against Muslims and ethnic minorities in the name of protecting cows. The violence they are using  is called “lynching.” The Dyer Anti-Lynching Bill was drafted by Leonidas C. Dyer in response to the practice of lynching in America. It defines lynching as a “‘mob or riotous assemblage composed of three or more [people] acting in concert for the purpose of depriving any person of his life without the authority of law as a punishment for or to prevent the commission of some actual or supposed public offense.”  IndiaSpend, a data-based news organization, reports that “Muslims were the target of 52% of violence centered...
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Manufacturing Citizenship : The Ongoing Movement Against Citizenship Amendment Bill in Northeast India

Manufacturing Citizenship : The Ongoing Movement Against Citizenship Amendment Bill in Northeast India

The following is an opinion piece authored by ISHR visiting scholar and activist, Binalakshmi Nepram. "When you single out any particular group of people for secondary citizenship status, that's a violation of basic human rights" ~ Jimmy Carter, Former US President & Nobel Peace Laureate History show us that in the 1500s, an estimated 10 million plus Indigenous people lived on land now known as the United States of America (US). In 1830, the US passed the Federal Indian Removal Act, which forced thousands of Indigenous people out of their homelands. For hundreds of years, conflicts with colonizers, introduction of diseases, atrocities and discriminatory policies devastated the Indigenous People of North America. It is estimated that over 9 million Indigenous People died during this time. In the present day, many Indigenous Peoples in the US now live in areas designated as “Reservations.” The story of what happened to Indigenous People in the US is the story which many Indigenous People living in...
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Understanding Gender, Migration, and Transnational Advocacy: A Talk with Chaumtoli Huq

Understanding Gender, Migration, and Transnational Advocacy: A Talk with Chaumtoli Huq

What is the connection between gender and migration? Between the garment industries in Bangladesh and the United States? And what advocacy strategies can we learn from these connections? These were some of the questions addressed by Chaumtoli Huq on Monday, November 5 in her talk on “Gender and Migration: The Front Lines of Gender Justice,” facilitated by Professor Katherine Franke of the Law School and the Center for Gender and Sexuality Law at Columbia. This discussion was part of a series of talks in Professor Franke’s Law class “Gender Justice” this semester. Chaumtoli Huq is an Associate Professor of Law at the CUNY Law School and the founder of non-profit organization Law at the Margins. Huq is a self-proclaimed “social justice lawyer,” interested in working not only top-down from elite institutions and courts to gain victories for clients and communities, but more importantly in working in and through the communities, she assists, taking the lead from those who would be...
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New Zealand’s Push for Sustainable Development

Prime Minister Jacinda Ardern’s Push for Sustainable Development The International Conference on Sustainable Development provided a forum for academia, government, civil society, UN agencies and the private sector to come together to share discussion on the Sustainable Development Goals (SDGs). This year, from September 26 to 28 2018, the Conference took place on multiple campuses around the world, making it a truly global event. On the second day of the 6th annual International Conference on Sustainable Development, Columbia University had the privilege of hearing Prime Minister Jacinda Ardern of New Zealand speak on the SDGs. Professor Jeffrey Sachs, the Director of the UN Sustainable Development Solutions Network, introduced Prime Minister Ardern to roaring applause in Alfred Lerner Hall. To begin her speech, Ardern discussed injustice and the impact of politics around the world. Ardern says, “if there is one thing we hate, it is injustice. We try to do it right by one another. Perhaps it comes from being a thousand miles from...
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Columbia Students Stand in Solidarity with Jailed Reuters Journalists

Columbia Students Stand in Solidarity with Jailed Reuters Journalists

By Ashley E. Chappo, editor of RightsViews and a graduate of Columbia University School of International and Public Affairs and Columbia Journalism School Walk into Pulitzer Hall lobby at Columbia Journalism School today, and you might notice the students dressed in all black, holding signs that read “#FreeWaLoneKyawSoeOo” and "Journalism is not a crime." It’s a moment of advocacy and solidarity on Columbia’s Morningside campus on behalf of Reuters journalists Wa Lone, 32, and Kyaw Soe Oo, 28, who were sentenced to seven years in prison on September 3, 2018 by a Myanmar judge after being found guilty of violating a decades-old law on state secrets. The Burmese nationals had been investigating military crackdowns and human rights violations in Rakhine state, including the massacre of 10 Rohingya men in Rakhine's Inn Dinn village on September 2, 2017. The advocacy effort at the journalism school in New York City was organized mainly by students in professor Ann Cooper's reporting class. Beginning at 11 a.m. in Pulitzer...
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Children Languishing Behind Bars: A Grim Reality of Indian Prisons

Children Languishing Behind Bars: A Grim Reality of Indian Prisons

By Vasudev Singh and Karan Trehan, students of law in India at RML National Law University and NALSAR University of Law, respectively.  A recent revelation by the Government of India concerns the condition of children residing in prisons with their mothers and raises an important question regarding the basic human rights guaranteed to these children. As of 2015, Indian prisons accommodate some 419,623 prisoners (including pre-trial detainees/remand prisoners). Out of them, 4.3 percent— or around 18,000— are women. Women who face trial or who are found guilty of a crime are allowed to keep their children with them during their time in jail. Approximately 1,866 children lived in prison with their mothers at the end of 2015, according to prison statistics.  According to the Indian constitution, the state governments are assigned to the administration and management of prisons. This means that the state governments can make prison laws according to their own discretion and requirements. However, these state powers remain subject to other centrally-enacted laws such as the Prisons Act, 1894. As a result,...
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Ensuring Healthcare in India by Going Beyond Politics

Ensuring Healthcare in India by Going Beyond Politics

By Ananye Krishna, a student at Nalsar University of Law, Hyderabad, India The government of India launched the Ayushman Bharat - National Health Protection Mission in late March 2018 to provide health coverage of Rs. 5 Lakh (or approximately $7,335) per year for all Indian families. This was a much needed reform measure in the Indian healthcare system, but the question remains whether the government made required infrastructural changes in order to ensure the full benefits that would allow the Indian people to access their fundamental human rights to healthcare. The poor state of healthcare in India was illustrated last year when more than 60 children died in a government hospital because of inadequate infrastructure. This was not an isolated incident. There have been cases of fires breaking out in hospitals and of surgeries being conducted en masse under extremely poor conditions. Such incidents demonstrate that the right to health as guaranteed by the Indian constitution is being violated through lack of adequate reform. Reports suggest that...
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