Ensuring Food Security

2017 ◽  
pp. 221-247
Author(s):  
Rajesh Chakrabarti ◽  
Kaushiki Sanyal
Keyword(s):  
Food Security ◽  
Supreme Court ◽  
Political Support ◽  
Advocacy Coalition ◽  
Right To Food ◽  
The Supreme Court ◽  
Election Manifesto ◽  
The Government ◽  
Draft Bill ◽  
The Right

This chapter narrates the saga of the Right to Food Security. Briefly pointing out various prior food movements, the chapter dates the movement to 2001 in Rajasthan with a writ petition at the Supreme Court. The SC took up the issue with surprising enthusiasm issuing order after order to force the government to comply with reports and action. The government, while not antagonistic, was apathetic. Encouraged by the court orders the activists gathered under a single banner of Right to Food Campaign in 2004 and built on the campaign in court as well as on the ground. Political support finally came when the issue entered UPA’s election manifesto in 2009. Post UPA victory, the NAC submitted its draft bill in 2010 but a substantially altered bill finally got enacted in 2013. The movement reflects a combination of Punctuated Equilibrium Framework and Advocacy Coalition Framework.

scholarly journals PENGAKUAN TERHADAP PIHAK NON-ADVOKAT DALAM PEMBERIAN BANTUAN HUKUM (Politik Hukum Bantuan Hukum Dalam Peraturan Perundang-Undangan Di Indonesia)

2017 ◽  
Vol 6 (3) ◽  
pp. 399
Author(s):  
Akmal Adicahya
Keyword(s):  
Supreme Court ◽  
Access To Justice ◽  
State Law ◽  
Legal Aid ◽  
Procedural Law ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Law Student

Access to justice is everyone rights that have to be fulfilled by the government. The regulation number 16 year 2011 of legal aid is an instrument held by the government to guarantee the right. The regulation allowed the participation of non-advocates to provide the legal aid. Through this policy, government emphasizes that:1) Indonesia is a state law which legal aid is an obliged instrument; 2) the prohibition of non-advocate to participate in legal aid is not relevant due to inadequate amount of advocate and citizen seek for justice (justiciabelen), and the advocate is not widely extended throughout Indonesia; 3) Non-Advocates, especially lecturer and law student are widely spread; 4) there are no procedural law which prohibits non-advocate to provide a legal aid. Those conditions are enough argument for government to strengthen the participation of non-advocates in providing legal aid. Especially for The Supreme Court to revise The Book II of Guidance for Implementing Court’s Job and Administration.Keywords: legal aid, non-advocate, justice

Zee Films and the BCCI: The Award of Broadcasting Rights

2017 ◽  
pp. 1-12
Author(s):  
Akhileshwar Pathak
Keyword(s):  
Supreme Court ◽  
The State ◽  
Judicial Interpretation ◽  
The Supreme Court ◽  
The Government ◽  
The Right

The case discusses the issues related to Zee Tele Films Limited's claims that the Board of Cricket Control of India was “state” and could act arbitrarily in the award of telecasting rights. The “state” as defined in Article 12 includes “other authorities”, and these are subject to the constitutional limitations. The right to equality requires them to not act arbitrarily. A body which is an instrumentality or agency of the government is “other authority”. The term has been subject to judicial interpretation. The Supreme Court, by a majority judgement, in the Zee Tele Films Case ruled that the Board is not “other authorities” within Article 12 of the Constitution.

scholarly journals MENALAR URGENSI PENGHAPUSAN UJIAN NASIONAL DEMI KEADILAN SISWA, GURU DAN SEKOLAH PASCA PUTUSAN MAHKAMAH AGUNG NOMOR: 2596 K/PDT/2008

2020 ◽  
Vol 1 (2) ◽  
pp. 1-20
Author(s):  
Aufi Imaduddin
Keyword(s):  
Supreme Court ◽  
Negative Impact ◽  
National Level ◽  
Educational Thought ◽  
National Examination ◽  
Existing Problems ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
Laws And Regulations

The national exam is a form of national level learning evaluation that has been set by the government to determine student learning outcomes. However, in the implementation of the national exam has a negative impact on students, teachers and schools. So lately there has been a renewed discourse about the elimination of the national examination, it began with the policy of the Indonesian Minister of Education and Culture to abolish the national examination in 2021. Especially if we examine further that legal efforts to stop the implementation of the national examination have existed since 2006 and the peak in 2009 was the decision of the Supreme Court number: 2596 K / PDT / 2008 which in essence required the government to stop the implementation of the national examination before resolving various existing problems. Therefore, the writer is interested in asking logically to think about the urgency of abolishing the national exam after the decision of the Supreme Court. In this paper, the method used by the author is a qualitative method based on social facts that occur based on juridical reasons based on the laws and regulations related to research. The results of this study found that the implementation of the national exam has claimed justice for students in obtaining their human rights in obtaining education that has been mentioned in the 1945 Constitution and is not in accordance with educational thought according to Ki Hajar Dewantara, as well as causing various depressive pressures which have an impact on their minds stressed and suicidal students. The implementation of national exams has also revoked justice for teachers, where teachers in their teaching are supposed to educate students well and develop their students' thinking instincts, with the national examination the teacher only drills students to memorize and do exercises that lead to the national exam. Recalling also that the implementation of national examinations in a juridical manner in the decision of the Supreme Court has violated various laws and regulations regarding education in Indonesia. Therefore, the elimination of the national exam will give back the right to justice for students, teachers and schools according to their respective proportions.

scholarly journals PIERWSZY BANK STANÓW ZJEDNOCZONYCH JAKO PIERWOWZÓR SYSTEMU REZERWY FEDERALNEJ

2017 ◽  
Vol 9 (1) ◽  
pp. 171
Author(s):  
Wojciech Kwiatkowski
Keyword(s):  
United States ◽  
Supreme Court ◽  
Federal Government ◽  
Federal Reserve ◽  
Financial Stability ◽  
The United States ◽  
The Supreme Court ◽  
The Government ◽  
Banking Institution ◽  
The Right

First Bank of the United States as a Prototype for the Federal Reserve SystemSummaryThe article describes the history of the First Bank of the United Statesfirst banking- institution, that was charted in XVII-th century North America as an effect of a cooperation of two federal bodies – Congress and the President. Although, the federal government possessed only 20 %, of the shares with federal licences it could conduct its activity on territory of the whole country. Moreover – the Bank is now referred to as the first central bank in the United States because of its national scope and services rendered to the federal government. The Bank helped the government to obtain emergency loans, facilitated the payment of taxes, and served as the receiver and disburser of the public funds. In addition, it issued bank notes and made them fully redeemable in coin. During a 20-years period the Bank achieved a commercial success and maintained a financial stability. However, in 1811 Congress did not renew the charter because the Bank’s constitutionality was questioned.Alexander Hamilton (the first U.S. Secretary of the Treasury), who was [the followerof creation of the bank, already in 1790 assumed that the federal government had the power to charter banks because the Constitution granted the government the right to establish institutions necessary for its operations. Addifferent viewpoint was presented by Thomas Jefferson who favored a more decentralized government and believed that only the states could charter banks under the Constitution. Furthermore – because the Constitution did not expressly grant the power to Congress, he reasoned that federally chartered banks were unconstitutional. Finally in 1819, as a far-reaching decision, the Supreme Court Chief Justice John Marshall followed Hamilton’s reasoning and ruled in case McCulloch vs Maryland that the Second Bank of the United States was constitutional. For U.S. federal government this decision of the Supreme Court was very important about 200 years later – in 1913, when president Wilson, many politicians’ and main U.S. bankers decided to create the Federal Reserve System.

scholarly journals Privacy in the Age of the Internet: Lawful Access Provisions and Access to ISP and OSP Subscriber Information

2016 ◽  
pp. 709
Author(s):  
Graham Mayeda
Keyword(s):  
Supreme Court ◽  
Service Providers ◽  
Privacy And Security ◽  
Internet Service ◽  
Section 8 ◽  
The Right To Privacy ◽  
The Supreme Court ◽  
The Government ◽  
C 30 ◽  
The Right

Bill C-30 (the Protecting Children from Internet Predators Act) and the Protecting Canadians from Online Crime Act are two recent attempts by the Canadian government to create incentives for Internet Service Providers (ISPs) and Online Service Providers (OSPs) to disclose the subscriber information of Internet users to government agencies. In this article, the author argues that while such provisions may not violate section 8 of the Charter based on current judicial interpretation, they ought to be found unconstitutional. To date, the Supreme Court of Canada’s search and seizure jurisprudence uses a normative framework that does not distinguish between defining the right to privacy and justifying limitations to it. This approach is not consistent with that taken for other Charter rights. The recent decisions of the Supreme Court in R v. Spencer and R v. Fearon may signal a slight shift, but they do not go far enough. If courts defined privacy interests more broadly than under current law and required the government to justify restrictions on these interests under section 1, this would create a legal regime that achieves a better balance between competing privacy and security interests.

The Supreme Court of India and the Inter-Institutional Dynamics of Legislated Social Rights

2020 ◽  
Vol 53 (4) ◽  
pp. 411-437
Author(s):  
Gaurav Mukherjee
Keyword(s):  
Food Security ◽  
Supreme Court ◽  
Separation Of Powers ◽  
Theoretical Framework ◽  
Democratic Legitimacy ◽  
Social Rights ◽  
Socioeconomic Rights ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The Right

The jurisprudence of the Supreme Court of India is generally celebrated in the academic literature for its creative use of constitutional interpretation to read in certain socioeconomic rights into the ‘right to life’ provision despite their textual absence from the Constitution. However, this line of case law made the obtainment of a judicial remedy highly conditional upon an extant scheme or law, was necessarily piecemeal, deferent to the executive, and incapable of fixing precise accountability upon a violation or addressing issues of systemic material insufficiency. Much of this had to do with the absence of a rights-based legislative framework. The enactment of the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (MGNREGA) and the National Food Security Act, 2013 (NFSA) presented major developments in the livelihood and food security regimes in India, and a leap forward for legislated social rights. These legislations consolidated, expanded and entrenched a number of existing rights which had come into being through judicial decisions. In this paper, I examine the antecedents of social rights in India, and show the afterlife of disagreements over appropriateness, practicality and affordability, which resulted in the adoption of the Directive Principles of State Policy (DPSP) in the Indian Constituent Assembly, persist in legislative design and judicial reasoning. In this paper, I analyse judicial treatment of these laws and propose a novel theoretical framework for better understanding them. The theoretical framework has discursively antagonistic and discursively catalytic components, and sheds light on the inter-branch institutional dynamic which arises when NFSA and MGNREGA based public interest litigation (PIL) is activated. I suggest that such PIL and the kinds of complex, dialogic remedies which result from them have effects in the political, legal, and social fields. These remedies result in a form of hybridized politico-legal accountability that enables the Supreme Court of India to safeguard its institutional capital, while also being able to better engage with concerns such as polycentricity, democratic legitimacy, lack of expertise, federalism, and the separation of powers.

scholarly journals The supreme court of Canada and the offender’s right to be transferred to serve his sentence in Canada: interpreting the international transfer of offenders act in light of Canada’s national and international human rights obligations

2013 ◽  
Vol 6 (2) ◽  
pp. 102-123
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Supreme Court ◽  
Emergency Preparedness ◽  
Public Safety ◽  
Federal Court ◽  
Supreme Court Of Canada ◽  
The Supreme Court ◽  
Academic Publications ◽  
The Usa ◽  
The Government ◽  
The Right

ABSTRACT In September 2013 in the case of Divito v Canada (Public Safety and Emergency Preparedness) the Supreme Court of Canada dealt with the issue of whether section 6(1) of the Canadian Charter of Rights and Freedoms, the Charter, which grants Canadians the right to enter Canada was violated in a case where the Minister of Public Safety and Emergency Preparedness declined to consent to the transfer of a Canadian citizen to serve his sentence in Canada where the sentencing state had consented to the transfer. Another issue was whether sections 8(1) and 10(1)(a) and 10(2)(a) of the International Transfer of Offenders Act, which granted the Minister the discretion to consent or not to consent to the transfer, were contrary to section 6(1) of the Charter. In resolving the above issues, the Court referred to its earlier jurisprudence, academic publications and international law. Although the Court agreed with the government that the appeal was moot because the appellant had left the USA by the time it was heard, it held that it retained “a residual discretion to decide the merits of a moot appeal if the issues raised are of public importance” and that this case was one of public importance because “[t]he issues are likely to recur in the future and there is some uncertainty resulting from conflicting decisions in the Federal Court.” The purpose of this article is to highlight the interpretative tools invoked by the court and the implications of the judgement.

scholarly journals ANALISIS TERHADAP KEBIJAKAN DEMOSI PADA PEKERJA PT. MEGAH MITRA SUKSES (STUDI KASUS PUTUSAN NOMOR 146/PDT.SUS-PHI/2016/PN.JKT.PST JO PUTUSAN MAHKAMAH AGUNG NOMOR 257K/PDT.SUS-PHI/2017)

2019 ◽  
Vol 2 (1) ◽  
pp. 744
Author(s):  
Kesuma Melati ◽  
Stanislaus Atalim
Keyword(s):  
Human Rights ◽  
Supreme Court ◽  
Labor Law ◽  
Legal Protection ◽  
Negative Influence ◽  
Not Given ◽  
The Supreme Court ◽  
The Government ◽  
The Right ◽  
A Company

Demotion occurs in a company mainly because of its negative influence on the morale of the workers concerned and can affect the achievement and morale of other workers in the company. Decline in the position of authority, facilities, status and even salary is a punishment for workers. Demosi is not given its arrangement in Law number 13 of 2003 concerning Manpower and other laws and regulations related to employment. Thus, this demotion arrangement can be regulated individually in work agreements, company regulations or collective labor agreements.The company does have the right to move workers in other parts but may not violate Human Rights and violate the provisions of Article 32 paragraph 2 of the Manpower Act which stipulates that placing someone who is not because of his expertise is against the law. Workforce placement must also pay attention to expertise, dignity and human rights and legal protection. The problem examined is how legal protection for workers due to demotion policy at PT. Magnificent Success Partner? And Is the legal consideration of the judge in the decision Number 146/Pdt.Sus-PHI/ 2016/PN.JKT.PST Jo Decision of the Supreme Court Number 257K/Pdt.Sus-PHI/2017 in accordance with the Manpower Act?Demotion will continue to occur if there are no strict rules regarding demotion, the government should make a regulation in the Labor Law regarding demotion, so that the rules regarding demotion become clear and do not harm the workers.

scholarly journals Starving Millions and Right to Food

1970 ◽  
Vol 1 (1) ◽  
pp. 27-47
Author(s):  
Sai Teja Vangala ◽  
Anshuman Singh
Keyword(s):  
Food Security ◽  
Distribution System ◽  
Buffer Stock ◽  
Human Right ◽  
Political Will ◽  
Right To Food ◽  
Public Distribution System ◽  
Adequate Food ◽  
The Government ◽  
The Right

Right to food is a basic human right. In India, with increase in population the demand for food is on the rise. Providing adequate food to the teeming millions has been a challenge for the government. This paper explores the origin of right to food while placing the emphasis on the realisation of the right in its true sense. It argues that the state has failed to secure adequate food to its citizenry because of its misplaced priorities and lack of political will. It calls for strengthening of public distribution system and buffer stock to guarantee adequate food security to people.

Cow Vigilantism and India’s Evolving Human Rights Framework

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Ravindra Pratap
Keyword(s):  
Supreme Court ◽  
Fundamental Rights ◽  
Human Right ◽  
The Right To Privacy ◽  
The Supreme Court ◽  
Food And Nutrition ◽  
The Government ◽  
The Right ◽  
Rights Issues ◽  
Human Right To Food

AbstractThe paper seeks to understand India’s evolving rights framework in the backdrop of cow vigilantism. To that end it discusses the human right to food and nutrition, international discussion on minority rights issues in India and the relevant legal and constitutional discussion in India. It finds that India’s rights framework has evolved since proclamation of India as a Republic in 1950 based on the supremacy of its written constitution containing fundamental rights and directive principles of state policy interpreted finally by its Supreme Court. The government took a wise step by not challenging a judicial rebalancing of the rights framework in response to certain executive measures and the Supreme Court interpreted the right to life to include not only the right to the choice of food but also the right to privacy and thereby underscored the obligation of the State to compensate the victims of cow vigilante violence. However, a constitutional polity and secular state would do all well if it did any further necessary to better guard against any recurrence of the breach of civil peace, much less violence, on purely secular issues, including by strengthening and increasing dialogue with all representative communities in all its decision-making on such matters.

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