Browsing by Subject "human rights"
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Item Open Access Anti-terrorism laws and its impact on human rights in India : a critical appraisal(University of North Bengal, 2008) Singh, Kavita; Dwivedi, B P.Item Open Access Human Rights in Abeyance in the Trade of Trafficking Human Beings: A Focus on the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018(University of North Bengal, 2022-03) Bhat, Mudasir; Bedi, Shruti; Qadir, MainaazTrafficking in human beings is considered to be a sophisticated and lucrative business. It has been identified as one of the fastest growing criminal industry in the world. It is a well-established international phenomenon of recent times and among the organized crimes, trafficking stands as the third largest category in terms of profit making after drug and arms smuggling. Human trafficking represents an estimated $31.6 billion of international trade. Trafficking in persons is a serious crime and a grave violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Almost every country in the world is affected by this menace, whether as a country of origin, transit or destination for victims. Trafficking in human beings has been considered as modern day slavery. Human beings are mostly trafficked for commercial sexual exploitation. However, included in the larger issue are the other dimensions of human trafficking, viz. forced labour, begging, organ trade, forced marriage, illegal adoption, surrogacy and camel jockeying. This research paper would examine relevant international and national documents such as, the United Nations Trafficking Protocol, the SAARC Convention on Preventing and Combating Trafficking in Women and Children for Prostitution, Criminal Law Amendment Act (2013) and recent Trafficking in persons (Prevention, Protection and rehabilitation) Bill of 2018. An attempt would also be made to provide an in-depth study of its concept, various emerging dimensions, causative factors, implications at the national and international levels.Item Open Access Protection of human rights of the persons with disability under the Indian legal system, with special reference to the conditions in North Bengal(University of North Bengal, 2008) Roy (Maitra), Sangeeta; Bandyopadhyay, RathinItem Open Access Terrorism and the International Criminal Justice System(University of North Bengal, 2022-03) Chakraborty, SamraggiTerrorism has always haunted mankind. In recent years, terrorism has become a global issue. States are frequently becoming victims of terrorist activities. The consequence of terrorism is that it violates human rights. The attack on World Trade Centre tower, New York in September 11, 2001 has made the world consider terrorism as a matter of serious concern. At present, international terrorism is a matter of grave concern. There have been adoptions of many Conventions to deal with terrorism. However, there is a hurdle to it. This hurdle is because there is no uniform definition of terrorism.Item Open Access Trans - Rights Are Human Rights : An Evaluation of Law on the Protection of Transgender Rights in India(University of North Bengal, 2022-03) Syiem, Angel H.; Kumar, Priya Ranjan2014 is a year to be remembered in the history of India in terms of Transgender Rights, followed by its fruit in the year 2019. The Judiciary in recognizing the status of Transgender Persons in the country, identified them as the ‘third gender’ in the NALSA Judgment (2014). Following cue, the Indian Parliament passed The Transgender Persons (Protection of Rights) Act, 2019. At the international level too, the efforts of respecting, safeguarding, protecting and fulfilling the rights of Transgender has been witnessed constantly through strong recommendations and comments of the United Nations Charter and Treaty based bodies. The promulgation of the Act of 2019 in India was a celebrated event as many believed, that it marked an end to the age long marginalization and discrimination faced by the Transgender Community. A cursory glance at the legislation would give many, hopes in that regard. However, it was and is still met with opposition from the Transgender Activists leading to the struggle of the community to continue. What makes this legislation an issue of debate? It is questioned on the basis of the very definition of the term ‘Transgender’. It rejects some of the most important points of the NALSA guidelines. It is almost completely silent on civil and political rights and most importantly it lacks the voice of Trans-genders themselves for whom the law is made. This however does not mean that it is a failed legislation. It is certainly an effort worth appreciating as it opened doors for prohibition of discrimination and providing social welfare measures for the community. This paper, seeks to address some of the limitations and gaps of the legislation. In doing so, it also tries to understand the concept of trans-genders, the historical background in India, forms of discrimination faced by the community, international human rights laws provisions on their rights and the role of judiciary in promoting the rights of the community.