The presence of the Kingdom of Ava and the conflicts that line those edges have made it one. The refugee was conceived in the space between the useful and the isolated.
Darjeeling Hills
Becoming 'local': Muslims and the politics of 'local' and 'non-local' in 'local' and 'non-local' in.
Anup Shekhar Chakraborty *
The second generation Gorkhaland movement is witnessing the visibility and voice of Muslims (men and women) in the public sphere. There are no official statistics on the ethnic and cultural background of Muslims living in Darjeeling.
Partitions and the Sisyphean Making of Peoples 1
Dirk Moses *
Partition involves violence, not only in the moment of creation, but in the process of building a state and forming a national entity. The creation of a people was not a simple proposition when nationality issues could not be contained within the limited space of the country. 26. As a result, East Pakistan was not imagined as part of a central Pakistani identity; quite in the way that Muslims were not considered true Indians.
Second, the ethnic cleansing in each of the 1940s partitions and the 1971 East Pakistan secession struggle requires comparative treatment. Partition's molecular logic leads inexorably to the peeling of the national onion to its religious core. Scott 'The Partition of Africa', Proceedings of the Royal Geographical Society and Monthly Record of Geography, New Monthly Series, 12.
The Precarious Migrant
Issues of Ecology, Politics, and Survival
Ranabir Samaddar *
Interesting to note is the role of new public media in times of disaster. Just as then new social policies are being discussed and implemented now to fight hunger in the wake of the humanitarian revelation of hunger. The question is whether this will enable capitalism to cope with the marginal economies operating in the wake of mass transit work.
In the worst affected upazila, Tazumuddin, over 45% of the population of 167,000 was killed by the storm. The anger of the people of East Pakistan contributed to the subsequent war of independence in 1971. 22 For example, in a forthcoming study, Mithilesh Kumar analyzes the labor of migrants from North Bihar engaged in the construction of the airport city of Delhi.
Pluralisms of Law: India’s Place in the International Refugee Protection Regime
Jessica De Shanti *
Adoption of International Legal Norms
The Indian judiciary has accepted customary international law as a valid source of law, but is unclear about its domestic application. According to the Supreme Court case Gramophone Company of India Ltd v Birendra Bahadur Pandey, the approach appears to be direct incorporation into domestic law as long as custom does not interfere with statutory law; in situations where this may occur, the statute should be interpreted in such a way as to be consistent with custom, if possible.29 In Jolly George Verghese and Another v. Bank of Cochin, the Supreme Court considered Article 11 of the IPC- of. which prohibits arrest for failure to perform a contractual obligation.30 Although India has not ratified and is therefore not bound by the ICCPR, the court suggested that. In general, India's acceptance and application of international law and legal norms exhibits a tension between executive and legislative isolationism from the international community and judicial incorporation of its norms in the context of dispute settlement.
This tension seems to be a constant theme in India's attitude towards refugees and refugee rights.
Domestic Legislation
According to the Supreme Court case of Gramophone Company of India Ltd v Birendra Bahadur Pandey, the approach appears to be one of direct incorporation into domestic law as long as custom does not interfere with statutory law; in cases where this may happen, the statute should be interpreted to conform to custom if possible.29. In Jolly George Verghese and Another v. Bank of Cochin, the Supreme Court considered Article 11 of the ICCPR, which prohibits arrest for failure to perform a contractual obligation.30 Although India has not ratified the ICCPR and is therefore not bound by it, the court suggested that .. when in doubt, laws, including the Constitution, must be interpreted in accordance with international obligations.31 In Vishaka and others v. State of Rajasthan and others, the Supreme Court held that international conventions and norms must be followed. read into the constitutional scheme, in the absence of domestic laws.32 More recently, in the case of Ktaer Abbas Habib Al Qutaifi and others v. Union of India and others, the Gujarat High Court recognized the importance of contract law and general principles of humanitarian law as valid sources of law from which legal obligations.33. This tension seems to be a constant theme in India's attitude towards refugees and refugee rights. to 22) are guaranteed for all persons; other rights are reserved only to citizens according to the language of the constitution.39.
Briefly, the Illegal Migrants (Adjudication by Courts) Act was used in Assam to prevent the influx of migrants into the state. The law established a system of courts, separate from the rest of the judiciary, that determined the legal status of people; their decisions could not be appealed to the Supreme Court of India. Although the Act provided a clear definition of 'illegal migrant' and procedures for application to the courts, the Supreme Court struck down the IMDT Act in 2005 in Sarbananda Sinowal v. Union of India and another for being ultra vires the authority. central government.40 The Supreme Court's reasoning was largely based on the ineffectiveness of the law, especially compared to how the ordinary judiciary was able to handle such cases.
Approach of the Judiciary
Two Supreme Court cases, State of Arunachal Pradesh v. Khudiram Chakma51 (Chakma I) and National Human Rights Commission v. State of Arunachal Pradesh and Another52 (Chakma II) deal with the situation and citizenship status of the Chakma population. living in Arunachal Pradesh. The applicants fled to India from Iraq and sought a transfer from the detention center where they were held to the UNHCR office. For example, in Maneka Gandhi v. Union of India, a majority of the Supreme Court held that Article 21 protected both substantive and procedural aspects of the right to life and personal liberty.68 This decision opened the door for subsequent decisions, including described. above, in which the rights of Article 21 are given broad and positive meanings.
Similarly, the Supreme Court reasoned in Jolly George that Article 21 anchors human dignity and the value of the human person within its protection.69 Thus, the judiciary gives a wide area of protection to Article 21 of the Constitution, which is crucial for the protection of the rights of refugees in India. Louis De Raedt and Others v. Union of India and Others, the Supreme Court recognized the importance of intent in characterizing India as a "chosen domicile" in the context of citizenship rules.76 Finally, there is Premavathy v. State of Tamil Nadu and Others, a Madras High Court decision which upheld the validity of the Foreigners Act.77 The Court further held that since rights violations were incurred after due process, Article 21 was not violated.78. The last series of problems arises in the implementation of the international protection of refugees.
Legal Pluralism and the Challenge of ‘Law’
Singh suggests that a diversity of legal sources may even be a 'natural' course of events and that its recognition by the state may go back several centuries.96 With this in mind, the next part of the article will examine two main currents of pluralistic research legal sources. theories: legal pluralism and constitutional pluralism. Tamanaha's definition of legal pluralism, which occurs "when social actors identify more than one source of 'law' within a social arena," likewise avoids giving a substantive definition of its subject matter.102 Twining broadens legal pluralism into normative pluralism, taking the existence of multiple normative orders as a more useful theoretical basis. The discourse of legal pluralism has also expanded into the realm of international law, although challenges to its definition still exist.
Beyond the traditional sources of international law, international legal pluralism suggests the possibilities of non-state transnational societies creating binding laws. An important focus of international legal pluralism seems increasingly to be determining both the process and the tools for dealing with the conflicts that arise from such pluralism. Paul Schiff Berman, highlighting the work done by scholars from the New Haven School of legal theory and similar scholars, presents law as procedural, authoritative decision-making.107 Similarly, William Burke-White views the 'pluralism' of international legal pluralism as an ongoing process, visible in several trends in the international legal system.108 They and other scholars note the important role that national courts play in this process, because international law issues arise in disputes with increasing frequency.109.
Constitutional Pluralism Defined
For Maduro, constitutional pluralism is a social fact: it describes the state of the European legal community. This superior legal or constitutional conception of international human rights documents is also evident in some other cases of foreigners who are not refugees. Since all refugees fall under the alien legal regime, the Indian government's practice could indicate a denial of rights under international refugee protection treaties.
Population Flux and Xenophobia: A Case Study of the Chakmas.” Forced Migration in Northeast India: A Media Reader.Ed. Major Refugee Crises Since World War II and the Response of the International Community, Michigan Yearbook of International Legal Studies, 3 (1980). Concept: - Borders in different parts of the world are the main sources of disputes between countries.
Book Review
Snehashish Mitra *
Samaddar points out in the introduction the closeness of the partition scholarship as a result of nationalist reasoning and points out that the book has investigated the contested national space and the specifics of the dialogic situation. Sanjay Chaturvedi deals with excess geopolitics along with important details of the interplay between division and transgression. Minority rights are an essential aspect to be addressed at the border, the violation of which may lead to further revision of the borders.
Samaddar delves into the details of the narratives of the Balkans and Asia Minor partition through a critical lens. In the concluding sections, therefore, Samaddar calls for abandoning the definitive reading of partition as he refuses to accept partition as a nationalist fate. As can be seen in the review of the first book, this one also focuses on the majority orientation of the division and the post-division construction of the nationalist discourse.
NOTES FOR CONTRIBUTORS
REFUGEE WATCH
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