The Citizenship Amendment Act 2019: An Insight through Constitutional and Secularism Perspective

2021 ◽  
pp. 002190962110588
Author(s):  
Narender Nagarwal
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Constitutional Law ◽  
Basic Structure ◽  
Nation State ◽  
Democratic Values ◽  
Recent Past ◽  
Indian Constitution ◽  
Socialist State ◽  
Democratic Character

The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 2019 through the constitution and human rights jurisprudence perspective. In this paper, an attempt has been made to propose a different interpretation of the Citizenship Amendment Act 2019 which not only infracts constitutional values but also legalized the hate against minorities, especially Muslims. India—as a nation state—has always cherished and remained concerned about its secular and democratic character. Since independence, India has maintained its global position as a responsible and humane society to protect minorities’ rights and social justice. Shockingly, the legislative development that had taken place in the recent past has questioned India’s commitment toward the certain principle of human rights, democratic values, and secularism which are the hallmark of the Constitution of India. The Citizenship Amendment Act 2019 has put religion as a pre-requisite qualification if someone is desirous to apply for Indian citizenship which is purely a violation of the basic ethos of the constitution. The idea of India as envisioned by the framers of the Indian constitution as a democratic, secular, and socialist state and anything that contrary to its basic structure is unconstitutional. The contentious legislation whether unconstitutional or not needs to be examined through the prism of constitutional law and fundamental norms of human rights. In this research exercise, a modest attempt is made to examine all merits and demerits of this antagonistic citizenship legislation. Throughout the paper, the effort has been given to sustain the notion that India cannot be a republic founded on discrimination, hate, and a pervasive sense of fear.

Building Womanist Coalitions

2019 ◽  
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
The Self ◽  
Nation State ◽  
Men Of Color ◽  
Race Ethnicity ◽  
Systemic Oppression ◽  
Creative Artists

This book is a visionary illustration of the life-transforming soul-work of body of pro-womanists. Its purpose promotes writings by women and men of color having come together in solidarity as models of activist-consciousness. The contributors to this collection embody shades of gender, race, ethnicity, sexuality, culture, and nation-state affiliations centered in womanist “universal[ism].” Including writings by teachers/professors, students, and creative artists (poets as well as actors/directors)—they collectively exemplify an unwavering defense of human rights and social justice. Communicating the self-liberatory value of the meaning(s) of womanism in their writings, the contributors counter ideologies of separatism, domination, and systemic oppression. Collectively, they promote activist comradeship in resistance to wall-building ideas of exclusionism. In sum, this volume represents the unwavering commitment of individuals courageously willing to cross borders of personal, social, political, and spiritual difference(s) to create bridges for liberatory alliances.

scholarly journals Surveillance, Risk and Preemption on the Australian Border

2002 ◽  
Vol 5 (2) ◽  
Author(s):  
Dean Wilson ◽  
Leanne Weber
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Nation State ◽  
Risk Profiling ◽  
Global Patterns ◽  
The Government ◽  
Social Sorting ◽  
And Control ◽  
Border Surveillance

In this paper we will map and analyze Australian border surveillance technologies. In doing so, we wish to interrogate the extent to which these surveillance practices are constitutive of new regimes of regulation and control. Surveillance technologies, we argue, are integral to strategies of risk profiling, social sorting and "punitive pre-emption." The Australian nation-state thus mirrors broader global patterns in the government of mobility, whereby mobile bodies are increasingly sorted into kinetic elites and kinetic underclasses. Surveillance technologies and practices positioned within a frame of security and control diminish the spaces that human rights and social justice might occupy. It is therefore imperative that critical scholars examine the moral implications of risk and identify ways in which spaces for such significant concerns might be forged.

The growing presence of LGBTQIs at the UN: Arguments and counter-arguments

2017 ◽  
Vol 61 (6) ◽  
pp. 1126-1138 ◽  
Author(s):  
Nick J Mulé ◽  
Maryam Khan ◽  
Cameron McKenzie
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
United Nations ◽  
State Sovereignty ◽  
Nation State ◽  
Marginalized Populations ◽  
Member States ◽  
The Social ◽  
The United Nations ◽  
Political Landscapes

This article explores the anti-LGBTQI (Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex) campaigns’ rise to power at the United Nations (UN), nation state sovereignty (of the member states), and criminalization LGBTQI assembly and association. Emphasis is placed on how these arguments are implemented and affect the social and political landscapes of LGBTQI rights promotion. Findings from primary interviews (conducted with UN bodies, agencies, and affiliates) are critically analyzed. The article concludes by challenging the arguments posed against LGBTQI rights being taken up as human rights from a social justice perspective and social work’s role in protecting and supporting these marginalized populations in the international arena.

scholarly journals Towards empowering learners in a democratic mathematics classroom: To what extent are teachers’ listening orientations conducive to and respectful of learners’ thinking?

Pythagoras ◽  
2012 ◽  
Vol 33 (2) ◽  
Author(s):  
Michael K. Mhlolo ◽  
Marc Schäfer
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Learning Environment ◽  
South African ◽  
Mathematics Classroom ◽  
Department Of Education ◽  
Democratic Values ◽  
The South ◽  
The Past ◽  
Specific Focus

In an effort to make education accessible, to ‘heal the divisions of the past and establish a society based on democratic values’, the South African Department of Education claims that a series of mathematics reforms that has so far been introduced is underpinned by the principles of ‘social justice, fundamental human rights and inclusivity’. Critics however argue that the system has remained ‘undemocratic’ in that those groups of learners who were supposed to be ‘healed’ continue to underperform and hence be disempowered. In this study, we conceptualised a democratic and mathematically empowering classroom as one that is consistent with the principle of inclusivity and in which a hermeneutic listening orientation towards teaching promotes such a democratic and mathematically empowering learning environment. We then worked with three different orientations teachers might have towards listening in the mathematics classroom: evaluative, interpretive and hermeneutic. We then used these orientations to analyse 20 video-recorded lessons with a specific focus on learners’ unexpected contributions and how teachers listened and responded to such contributions. The results were consistent with the literature, which shows that teachers tend to dismiss learners’ ways of thinking by imposing their own formalised constructions.

APA efforts in promoting human rights and social justice.

2017 ◽  
Vol 72 (8) ◽  
pp. 778-790 ◽  
Author(s):  
Frederick T. L. Leong ◽  
Wade E. Pickren ◽  
Melba J. T. Vasquez
Keyword(s):  
Human Rights ◽  
Social Justice

The Relevance of the Judiciary in a Democratic Nigeria

2012 ◽  
Vol 20 (2) ◽  
pp. 301-317
Author(s):  
Osahon O. Guobadia
Keyword(s):  
Social Justice ◽  
Federal Republic ◽  
Economic Justice ◽  
Democratic Values ◽  
Constitutional Democracy ◽  
Political Justice ◽  
Fourth Republic

A new constitutional democracy was established in Nigeria on 29 May 1999. This Fourth Republic was founded upon the Constitution of the Federal Republic of Nigeria 1999 (as amended) which unshackled the judiciary from the bondage of military decrees. This also brought excitement to the citizenry which finds expression in the belief that the judiciary, their last bastion of succour, is now poised to intervene in the inevitable tussle between might and the exercise of new democratic tenets. These tenets encompass the ideals of economic justice, political justice and social justice. 1 1 C. C. Nweze, ‘Judicial Sustainability of Constitutional Democracy in Nigeria: A Response to the Phonographic Theory of the Judicial Function’, in E. S. Nwauche and F. I. Asogwah (eds), Essays in Honour of Professor C. O. Okunkwo, (SAN) Jite Books (2000), p. 225. Against the backdrop of this reality, the article will examine the extent to which the judiciary in Nigeria has performed its constitutional role as an independent arm of government towards ensuring the observance of democratic values in a free, open, humane and civilised society.

Towards an Archival Critique: Opening Possibilities for Addressing Neoliberalism in the Archival Field

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Marika Cifor ◽  
Jamie A. Lee
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Archival Studies ◽  
Ethical Practice ◽  
Political Practice ◽  
Starting Point ◽  
Hands On ◽  
Library And Information Studies ◽  
Information Studies ◽  
Contemporary Life

Neoliberalism, as economic doctrine, as political practice, and even as a "governing rationality" of contemporary life and work, has been encroaching on the library and information studies (LIS) field for decades. The shift towards a conscious grappling with social justice and human rights debates and concerns in archival studies scholarship and practice since the 1990s opens the possibility for addressing neoliberalism and its elusive presence. Despite its far-reaching influence, neoliberalism has yet to be substantively addressed in archival discourse. In this article, we propose a set of questions for archival practitioners and scholars to reflect on and consider through their own hands-on practices, research, and productions with records, records creators, and distinct archival communities in order to develop an ongoing archival critique. The goal of this critique is to move towards "an ethical practice of community, as an important mode of participation." This article marks a starting point for critically engaging the archival studies discipline along with the LIS field more broadly by interrogating the discursive and material evidences and implications of neoliberalism.

The Stakes of Decolonization, 1945–1960

2017 ◽  
Author(s):  
Talbot C. Imlay
Keyword(s):  
Human Rights ◽  
Majority Rule ◽  
Minority Rights ◽  
The Political ◽  
Nation State ◽  
Individual Rights ◽  
Political Implications ◽  
Common Position ◽  
Human Individual ◽  
Post War

In examining the efforts of European socialists to forge a common position towards the issue of post-war empires, this chapter highlights some of the political stakes involved in decolonization. As debates between European and Asian socialists suggest, the process of decolonization witnessed a struggle between competing rights: national rights, minority rights, and human (individual) rights. Each set of rights possessed far-reaching political implications, none more so than minority rights, as they were often associated with limits on national sovereignty. These limits could be internal, such as constitutional restraints on the working of majority rule; but they could also take the form of external constraints on sovereignty, including alternatives to the nation state itself. The victory of the nation state, in other words, was inextricably tied to the defeat of minority rights as well as the growing predominance of human rights.

Enabling Fictions and Novel Subjects: The Bildungsroman and International Human Rights Law

PMLA ◽  
2006 ◽  
Vol 121 (5) ◽  
pp. 1405-1423 ◽  
Author(s):  
Joseph R. Slaughter
Keyword(s):  
Human Rights ◽  
Nation State ◽  
International Human Rights Law ◽  
The Novel ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Personality ◽  
Full Development ◽  
International Human ◽  
Administrative Structures

With adoption of the Universal Declaration of Human Rights (UDHR) in 1948, the United Nations conscripted, almost by default, the historically Euronationalist forms of the Bildungsroman and natural law to legitimate its vision of a new international order. This essay elaborates the conceptual vocabulary, deep narrative grammar, and humanist social vision that normative human rights law and the idealist Bildungsroman share in their cooperative efforts to articulate, normalize, and realize a world founded on the fundamental dignity and equality of what both the UDHR and early theorists of the novel term “the free and full development of the human personality.” Historically, formally, and ideologically, they are mutually enabling and complicit fictions: each projects, in advance of administrative structures comparable to those of the nation-state, an image of human personality and sociality that ratifies (and makes legible) the other's idealistic vision of the proper relations between individual and society. (JRS)

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