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Subject: search.filters.subject.Constitutionalism

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    Sedition: Prince Closing Up on Kingship
    (University of North Bengal, 2023-09) Singh, Guru Prasad
    In May 2022, the Hon'ble Apex Court recently ordered that the colonial-era sedition law under Sec. 124A of the Indian Penal Code should be kept in abeyance until the Centre has reconsidered it. In this context, it becomes pertinent to submit that the history of the law relating to sedition in India is very tainted. The law that was once used to prosecute some of our greatest freedom fighters still exists today in our statute book. In free India, when some of the High Courts had started declaring the law's unconstitutionality, it was finally the turn of our Apex Court to show up and uphold its constitutionality. The survival of this provision in free India in the paradigm of parameters set out in Part III of the Constitution is a fascinating and problematic story. This research work traces the origin of Sedition Law in the Indian Penal Code and also elaborates upon its survival in the post–constitutional regime. There has been a drastic increase in Sedition cases recently, and suppressing dissent and discourse during Covid-19 has reminded us of the misuse of this law against one of our greatest freedom fighters, viz. Bal Gangadhar Tilak. Is it a situation where the saw given to the carpenter to cut a piece of wood has been used to clear the entire forest? In light of the Apex Court's stand that it is high time we have to decide the limits of sedition, this research paper would be a needful inquiry into the same.
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    Rights of Minorities in India and Pakistan: A Comparative Study
    (University of North Bengal, 2022-03) Mandal, Rakesh
    At the verge of the independence, two separate dominions were established by the British Government on the basis of religion. Although two major communities are divided on religion, a large numbers of minorities are living at either nation. Pakistan constitutionally declared as Islamic Nation whereas India declared herself as secular nation. However, Muhammad Jinnah had guaranteed that minorities are free to profess and practice their religions and develop their cultures. Consequently, the Constitution of Pakistan guaranteed some basic rights and fundamental freedoms under the Constitution. Unfortunately, these constitutional guarantees were not implemented in reality inspite of Jinnah’s assurance. Presently, Pakistan is one of the most hostile states for the minorities in the world. The reasons behind that after 1977 Pakistan became more orthodox and tried to Islamized the entire nation and political campaigned was focused on religious hatred. This paper endeavors to comparatively analyze the status of minorities in India and Pakistan and their respective constitutional safeguards. It further focused on Constitutionalism which is original and real sprite of the nation towards execution of noble ideas on ground reality. Therefore, written constitution has a very little impact, it is the constitutionalism or the sprite and willingness of the political parties and people who govern the state and execute the rights in reality.
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    Khap Laws, Cultural Violence and the Challenges to Individual Liberty
    (University of North Bengal, 2014-03) Sukumar, N.; Roul, Kamalakanta
    For the past many years honour killings have grabbed national headlines. The raging debates on what is fist degree have exposed the uncivil nature of the Indian ‘civil’ society. The statement made by the paternal uncle of Shubha (a victim of honour killing in Ashok Vihar, Delhi), Mr. Dharmaveer Nagar “apneaap me khoongalathosaktahai, par samajkeliyeyeh murder zarooritha…. is kaam se in larkon ne saahi me ek achcha udaharan pesh kiya hain (you may consider killing of an individual is wrong, but for society, it was necessary. These youngsters have set a good example)”1 (TOI, 2010) epitomizes the clash between the constitutionally ordained rule of law, citizenship and civil liberties and the chains of tradition and customary law. What is more appalling is that the political class has bent before the violators of the constitution in order to retain their traditional vote banks. This paper attempts to reflect on cultural violence and its implications for gender justice and individual rights in India.