Monitoring via the Courts: Judicial Oversight and Police Violence in India

2020 ◽  
Vol 64 (3) ◽  
pp. 699-709
Author(s):  
Shengkuo Hu ◽  
Courtenay R Conrad
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Police Violence ◽  
Fire Alarm ◽  
Supreme Court Of India ◽  
Local Police ◽  
The Supreme Court ◽  
The Creation ◽  
Court Mandated ◽  
Police Abuse

Abstract Can the creation of court-mandated accountability institutions improve human rights? In this article, we investigate the extent to which court-ordered accountability institutions decrease government repression in the form of police violence. We argue that the creation of regional bodies to which citizens report allegations of police abuse provides “fire-alarm” oversight by which police officers can be monitored for abuses of power. To test the implications of our theory, we take advantage of variance in the implementation of Prakash Singh and Others v. Union of India and Others, a 2006 judgment by the Supreme Court of India requiring states and districts to establish local Police Complaints Authorities (PCAs). Using a difference-in-difference design, we show the implementation of state PCAs to be associated with statistically and substantively significant decreases in human rights violations by Indian police officers.

Francis Karioko Muruatetu v. Republic

2018 ◽  
Vol 112 (4) ◽  
pp. 707-713
Author(s):  
Jacquelene Mwangi
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Death Penalty ◽  
Rule Of Law ◽  
Death Sentence ◽  
Bill Of Rights ◽  
The Rule Of Law ◽  
Trial Courts ◽  
The Supreme Court ◽  
Court Mandated

The decision of the Supreme Court of Kenya (Court) in Francis Karioko Muruatetu and Another v. Republic (Muruatetu), finding the mandatory nature of the death penalty unconstitutional, represents not only a victory for human rights in Africa but also the transformative capacity of contemporary constitutions in Africa and the growing assertiveness of African judiciaries. In the judgment, the Court held that the mandatory death penalty is “out of sync with the progressive Bill of Rights” in Kenya's 2010 Constitution (para. 64) and an affront to the rule of law. The Court also relied on global death penalty jurisprudence to find the mandatory death sentence “harsh, unjust and unfair” (para. 48). Consequently, the Court mandated that all trial courts conduct a pre-sentencing hearing to determine whether the death penalty is deserved. The Court's judgment could spell the end of the mandatory death penalty in Kenya after almost 120 years on the statute books.

scholarly journals Judicial Activism in Regulating ‘Human Rights Violations’ by Police Authorities in India

2017 ◽  
pp. 104-112
Author(s):  
B. Sandeepa Bhat
Keyword(s):  
Human Rights ◽  
Political Influence ◽  
Judicial Activism ◽  
Human Right ◽  
The Public ◽  
The Right To Privacy ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Fundamental Freedoms ◽  
The Right

The human right violations in police’s actions (or inaction) are in the headlines, quite often in India. The fundamental freedoms guaranteedunder the Indian Constitution are often ignored during the course of such police actions, which the Judiciary in India has tried to regulate in many cases. The Supreme Court of India has laid down norms for many areas including custodial death, inhuman treatment in prisons, continued detentions in the prison after the completion of a term of imprisonment, fake encounters, unwarranted breach of the right to privacy of individuals and registering of fraudulent cases. Despite the continued efforts of the Indian Judiciary, the incidents of human right violations by the police have not abated due to two main reasons: a) the strong political influence of the police and b) theignorance of the public, who still fear the police more than anyone else. This paper addresses the topic at hand in three parts. In the first part, the paper analyses the trendsetting judicial verdicts against the violation of human rights by police in India, especially in light of the Constitutional provisions. The second part addresses the problems that are still faced despite the judicial activism in the field and elaborates on the reasons for the continuation of problems. The final part of the paper addresses thesteps that can be taken for strengthening the police reforms to prevent human right violations. It also looks into the need for necessary responses from other stakeholders in the field.

The Politics of Police Violence in Democratic Brazil

2007 ◽  
Vol 49 (1) ◽  
pp. 141-164 ◽  
Author(s):  
Ronald E. Ahnen
Keyword(s):  
Human Rights ◽  
Police Officers ◽  
Social Conflict ◽  
Use Of Force ◽  
Human Rights Violations ◽  
Right Wing ◽  
Police Violence ◽  
Safety Measures ◽  
Illiberal Democracy ◽  
Political Forces

AbstractMore than a decade after Latin America's most recent turn to democracy, unchecked police violence and torture continue and in some cases have increased. This study examines police killings in 19 Brazilian states from 1994 to 2001 and finds that democracy has not substantially reduced these types of human rights violations, for two reasons. First, underlying social conflict has continued to exert a significant impact on the lethal use of force by police officers. Second, pro-order political coalitions, generally represented by right-wing politicians, have blocked effective measures to control police violence and have implemented public safety measures that stress the use of force. The analysis emphasizes the nonteleological nature of democratization processes and demonstrates the strength of political forces working to maintain “illiberal democracy.”

Spreading Environmental Awareness Through Environmental Education in Schools: The Case Study of a Sikkimese Green School

2021 ◽  
Vol 8 (2) ◽  
pp. 234-246
Author(s):  
Jwala D. Thapa
Keyword(s):  
Environmental Education ◽  
Environmental Awareness ◽  
Field Research ◽  
Holistic Approach ◽  
State Intervention ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Green School ◽  
The Creation

The subject of environmental education (EE) in India, also known as environment studies (EVS), was introduced through the intervention of the Supreme Court of India (SC). At that time, there was also global recognition towards the creation of ‘environmental citizens’ through inculcating environmental awareness in school-going children, with the motto of ‘catch them young’. Since then, EE in India has seen an evolution in itself through enveloping the studies of various topics related to the natural environment. However, one of the concerns has been that it is taught in a theoretical manner and that since it is not treated as a graded subject, schools have not given it the importance it deserves. However, the study of a green school of the Himalayan state of Sikkim shows that active participation of state machinery, coupled with a practical interpretation of its principles, can lead to positive results. It also shows that the creation of environmental citizens needs a holistic approach, through both amalgamation of theory with practice and syllabus with stringent state intervention and results-oriented action. This article, which uses doctrinal, as well as field research, techniques of interview and observation, looks into these aspects through studying a school in a mountain village of West Sikkim in India.

Toward a Progressive Realisation of Socio-economic Rights in Ghana: A Socio-legal Analysis

2017 ◽  
Vol 25 (1) ◽  
pp. 91-113
Author(s):  
Nana Tawiah Okyir
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Social Movements ◽  
Supreme Court ◽  
State Policy ◽  
National Development ◽  
Building Blocks ◽  
Judicial Activism ◽  
Economic Rights ◽  
The Supreme Court

This article argues for the strengthening and entrenchment of socio-economic rights provisions in Ghana's jurisprudence. The purpose of this entrenchment is to engender judicial activism in promoting more creative pathways for enforcing socio-economic rights in Ghana. The article traces the development of socio-economic rights in Ghana's jurisprudence, especially the influence of the requirements of the international rights movement, particularly of the International Covenant on Economic, Social and Cultural Rights (ICESCR). The article delves into the constitutional history of Ghana and its impact on the evolution of rights in the country. Of particular historical emphasis is the emergence of socio-economic rights under the Directive Principles of State Policy in the 1979 Constitution. However, the significance of the socio-economic rights only became profound with the return to democratic rule under the 1992 Constitution, again under a distinct chapter on Directive Principles of State Policy. However, unlike its counterpart, the chapter on the Fundamental Human Rights and Freedoms, which is directly enforceable, the Directive Principles of State Policy were not. It took the Supreme Court of Ghana a series of landmark decisions until finally, in 2008, it arrived at a presumption of justiciability in respect of all of the provisions in the 1992 Constitution. It is evident that prior to this, the Supreme Court was not willing to apply the same standards of adjudication and enforcement as it ordinarily applies in respect of rights under the chapter on Fundamental Human Rights and Freedoms. Having surmounted the non-justiciability hurdle, what is left is for the courts to begin to vigorously pursue an agenda that puts socio-economic rights at the centre of Ghana's rights adjudication framework. The article draws on comparative experiences from India and South Africa to showcase the extent of judicial creativity in rights adjudication. In India, the courts have been able to work around provisions restricting the enforcement of Directive Principles by often connecting them to Fundamental Freedoms. In South Africa, there is no hierarchy between civil and political rights on the one hand and socio-economic rights on the other; for that reason, the courts give equal ventilation to both sets of rights. The article further analyses these examples in the light of ongoing constitutional reforms in Ghana. It argues that these reforms fall short of the activism required to propel socio-economic rights adjudication to the forefront in Ghana's jurisprudence. In this regard, the article proposes social movements as a viable tool for socio-economic rights advocacy by recounting its success in previous controversial issues in Ghana. The article also connects this to other important building blocks like building socio-economic rights into a national development blueprint. Overall, the article calls for an imaginative socio-economic rights enforcement approach that is predicated on legislation, judicial activism, social movements and a national development blueprint aimed at delivering a qualitative life for the Ghanaian.

La desaparición forzada de los normalistas de Ayotzinapa. Una tragedia para reflexionar desde la óptica del sistema interamericano de protección de los derechos humanos

2018 ◽  
pp. 97
Author(s):  
Pietro Sferrazza Taibi
Keyword(s):  
Human Rights ◽  
International Standards ◽  
Rural Teachers ◽  
Teachers College ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Derechos Humanos ◽  
Mexican State ◽  
The Creation ◽  
Precautionary Measures

ResumenLa desaparición forzada de los estudiantes normalistas ocurrida en septiembre de 2014 en las cercanías de la localidad mexicana de Ayotzinapa es una tragedia que, además de captar la atención de la prensa internacional, ha activado el funcionamiento de algunos mecanismos del sistema interamericano de protección de los derechos humanos. Este trabajo pretende analizar de qué manera la creación del Grupo Interdisciplinario de Expertos Independientes (GIEI) puede incidir en la determinación de la responsabilidad internacional del Estado Mexicano por el incumplimiento de los estándares internacionales interamericanos sobre prevención, investigación y sanción de la desaparición forzada. En aquel sentido, este trabajo se dividirá en tres secciones. En la primera de ellas se describirán brevemente los hechos, a fin de demarcar el contexto fáctico a partir del cual se reflexionará. La segunda sección hará referencia a la creación del GIEI en el marco de las medidas cautelares adoptadas por la Comisión Interamericana de Derechos Humanos (Comisión IDH) en este caso. En la tercera y última sección, se valorará si las obligaciones generales de respeto y garantía han sido vulneradas en este caso, centrando el foco de atención en los deberes específcos de prevención e investigación.Palabras clave: Ayotzinapa; Grupo Interdisciplinario de Expertos Independientes; Comisión Interamericana de Derechos Humanos; desaparición forzada.ResumoO desaparecimento forçado de estudantes normalistas acontecida em setembro de 2014 perto da cidade mexicana de Ayotzinapa é uma tragédia que, além de capturar a atenção da imprensa internacional, permitiu o funcionamento de determinados mecanismos do sistema interamericano de proteção dos direitos humanos. Este trabalho pretende analisar de que forma a criação do Grupo Interdisciplinar de Peritos Independentes (GIEI) podem afetar na determinação da responsabilidade internacional do Estado Mexicano pelo incumprimento dos padrões internacionais interamericanos sobre a prevenção, investigação e punição de desaparecimento forçado. Nesse sentido, este trabalho será dividido em três seções. No primeiro deles, os fatos serão brevemente descritos, a fm de demarcar o contexto factual a partir do qual será refletido. A segunda seção referirá a criação do GIEI no marco das medidas cautelaresadotadas pela Comissão Interamericana de Direitos Humanos (Comissão IDH) no presente caso. Na terceira e última seção, vai ser valorado se as obrigações gerais de respeito e garantia foram vulneradas neste caso, centrando o foco de atenção nos deveres específcos de prevenção e investigação.Palavras-chave: Ayotzinapa; Grupo Interdisciplinar de Peritos Independentes; Comissão Interamericana de Direitos Humanos; desaparecimento forçado.AbstractThe forced disappearance of the students of the rural teachers’ college in September of 2014 in the surroundings of the Mexican town of Ayotzinapa is a tragedy that, besides capturing the attention of the international press, has activated the functioning of some mechanisms of the Inter-American Human Rights Protection System. This work aims to analyze in which ways the creation of the Interdisciplinary Group of Independent Experts (GIEI) can underscore the determination of the international responsibility of the Mexican State for the non-compliance of the Inter-American international standards on prevention, investigation and punishment of the enforced disappearance. In that sense, this paper will be divided in three sections. The frst one will briefly describe the facts, to demarcate the factual circumstances from which it will be reflected. The second section will address the creation of the GIEI within the framework of the precautionary measures adopted by the Inter-American Commissionof Human Rights (IACHR) in this matter. The third and last section will evaluate whether the general obligations to respect and ensure human rights have been violated in this case, focusing on the specifc duties of prevention and investigation.Keywords: Ayotzinapa, Interdisciplinary Group of Independent Experts, Inter-American Commission of Human Rights, forced disappearance.

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