A Critical Introspection on the Enjoyment of Legal Rights by Women Undertrial Prisoners in Central Jails of Assam

2021 ◽  
pp. 097152152199796
Author(s):  
Keshabananda Borah

Women prisoners constitute a small percentage of total prisoners in India. Although the numbers are small, their problems cannot be overlooked. In most of prisons in India, there is a lack of gender-sensitive prison norms. As a result, the needs of women prisoners are rarely realized. Since the beginning of the enactments of prison rules in India in 1894, different committees and commission have been formed for the protection of the rights of women prisoners in general and undertrial prisoners in particular. However, it is worrisome that their rights continue to be violated in different ways by different authorities. Through this research article, the researcher tries to highlight whether the women undertrial prisoners in the central jails of the state of Assam in India have been able to avail the legal rights incorporated in the Assam Jail Manual, 1987, and the Model Prison Manual of India, 2016. In this study, qualitative analysis has been done by taking into consideration the perception of women undertrial prisoners, jail officials and legal experts about the legal rights of women undertrial prisoners in central jails of Assam.

1981 ◽  
Vol 31 ◽  
pp. 12-23
Author(s):  
J. Roland Pennock

This discussion of rights and citizenship is part of a series falling under the general topic “Ethical Issues and Citizenship Education.” Although it contains little directly dealing with how to go about the education of citizens, it does embody material that would be desirable for citizens to know and to understand. Citizenship as well as rights will be discussed in the pages that follow, but the bulk of this particular contribution to the series will deal with rights. (Specifically sections 3-7 deal solely with rights.) The relation between the two is greater than might otherwise appear to the casual reader, for it is as citizens that we claim our most important rights, our rights against the state. Our legal rights have derived from our citizenship. As citizens we enjoy the right to have our rights enforced — as a matter of right, not just as a privilege that could be legitmately taken away from us at the whim of some arbitrary ruler.


Jurnal Akta ◽  
2018 ◽  
Vol 5 (1) ◽  
pp. 275
Author(s):  
Rifki Yusuf ◽  
Maryanto Maryanto

ABSTRAK Kabupaten Pekalongan merupakan lokasi yang memiliki potensi tinggi dalam penggunaan Surat Kuasa Membebankan Hak Tanggungan (SKMHT), hal ini disebabkan oleh gencarnya pembangunan oleh masyarakat yang membutuhkan dana besar yang antara lain berasal dari kredit yang diperoleh dengan menggunakan lembaga Hak Tanggungan yang selanjutnya menimbulkan berbagai masalah seperti apabila debitor wanprestasi. BTN selaku kreditor dalam pemberian KPR bersubsidi kepada debitor umumnya tidak menguasai benda yang menjadi jaminan kredit secara fisik, tetapi hanya memiliki hak kebendaan secara administratif. Pengikatan obyek jaminan yang berupa tanah, yaitu Hak Milik, Hak Guna Bangunan dan Hak Guna Usaha, prosesnya hanya sampai dengan Surat Kuasa Membebankan Hak Tanggungan (SKMHT) saja, dengan tidak dibebankan Hak Tanggungan atas obyek jaminan tersebut, maka BTN belum memiliki hak kebendaan atas jaminan tersebut secara faktual.Tujuan dari penelitian ini adalah untuk mengkaji dan menganalisis peran notaris dalam hal debitor wanprestasi, penggunaan SKMHT yang tidak diikuti APHT dalam hal debitor wanprestasi terkait dengan pemberian fasilitas Kredit Pemilikan Rumah Subsidi pada Bank Tabungan Negara serta upaya pihak Bank Tabungan Negara dalam hal debitor wanprestasi terhadap pemberian fasilitas Kredit Pemilikan Rumah. Metode yang digunakan dalam penelitian ini adalah metode analisis kualitatif, yaitu data yang diperoleh disusun secara sistematis kemudian dianalisis secara kualitatif agar dapat diperoleh kejelasan masalah yang akan dibahas.Dalam penelitian ini disimpulkan bahwa dalam menghadapi debitor wanprestasi Bank BTN mengambil langkah melakukan penjualan kembali dengan menggunakan kuasa menjual yang tercantum dalam akta “Pengakuan Hutang”, serta peningkatan SKMHT ke APHTkepada calon debitor, dan peran notaris yang hanya sebagai pembuat akta sehingga tidak turut serta jika terjadi wanprestasi.Kata kunci: Notaris, SKMHT, APHT, wanprestasi ABSTRACTPekalongan Regency is a location that has a high potential in the use of Power of Attorney Charging the Guarantee Right (SKMHT), this is caused by incessant development by people who need big fund which among others comes from the credit obtained by using the Mortgage Institution which further cause various problems such as if the debtor is defaulted. BTN as a creditor in the granting of subsidized KPR to the debtor generally does not control objects that become credit for physical security, but only have the right of property administratively. The binding of the object of collateral in the form of land, namely Right of Ownership, Building Rights and Cultivation Right, the process is only up to the Power of Attorney Charging the Guarantee Right (SKMHT) only, without the burden of the Guaranteed Fund on the object of the guarantee, BTN has no material right the guarantee is factual.The purpose of this study is to examine and analyze the role of a notary in the case of debtor wanprestasi, the use of SKMHT not followed APHT in the case of debtor wanprestasi associated with the provision of Subsidized House Ownership Credit in the State Savings Bank and the efforts of the State Savings Bank in the case of debt defaulting to the grant Housing Loan facility. The method used in this study is the method of qualitative analysis, the data obtained is arranged systematically and then analyzed qualitatively in order to obtain clarity of issues to be discussed.In this study it is concluded that in the face of debtor wanprestasi Bank BTN take steps to resell by using the power of sale which stated in deed "Recognition of Debt", and increase SKMHT to APHT to debitor candidate, and notary role which only as deed maker so do not participate if there was a default.Keywords: notary, SKMHT, APHT, wanprestasi


For a qualitative analysis of the state of modern society and financial relations prevailing in the financial system of our country, it is especially important to study issues related to attracting public finances to the state economy. The long process of developing commodity-money relations has radically changed the content of finance. If earlier in these relations the main and fundamental role was played by the monarchs, the state, as the owners of all property, then in the XX century. The main owners of valuables, including enterprises and firms, are citizens, and the state represented by public authorities acts as an intermediary and a consumer of redistributed wealth. Confirming this thesis, P. Drucker expressed that the main impetus of progress now comes not from the social structure, but from an individual, and the present time requires every person to take effective actions to transform not only society, but above all himself [1 ].


Author(s):  
Kausar Ali ◽  
Huang Minxing

This research discusses the response of the religious people to the corona pandemic in Pakistan. The study aims to answer why the Islamists refused to cooperate with the state authorities in its struggle against the pandemic? This study is based on the theory of existential security which states that natural calamities and disasters always increase religiosity in the people. This study is based on analysing all the existing primary and secondary sources in the form of books, research articles and government reports. The discussion in this paper is based on the qualitative analysis of all the existing sources. This study has argued that the Islamists refused to support the state policymakers because they firmly believed that the virus emerged because of Allah’s wrath. The study has also found that the response of the Tablighi Jamaat (henceforth TJ), other religious organisations, and clerics amid the coronavirus in the country was indeed a religious coping strategy. This strategy is commonly used by people whenever they face a life-threatening situation. The study suggests that Pakistan could not resist the Islamists because resisting them could cause severe problems in the country.


2020 ◽  
Vol 5 (1) ◽  
pp. 77-92
Author(s):  
Hariyanto Sofyan Benyal

After the reformation a change has occurs, a significant one, especially in the state administration as seen in the amendment, the 1945 constitution amendment, strengthening on the legislature in order to lift the power of checks and balances among the institutions, government agencies. On the third amendments in 2001 new institution, an institution of legislation appears in the Regional Representative Board (DPD to be the regional representation and later become a second chamber (bicameral) parliament which believed has made the legislation tasks such as, budgeting, and monitoring implemented optimally. But in reality, the duties and powers of the second chamber is still very limited compared to the first chamber which is the DPR, hence the transformation effort to ius consitutendum, the desirous law, appeared in strengthening the DPD constitutionally through MPR with Pancasila as the foundation. The method used is a normative juridical, by referring to the laws and principles exist. The analysis used in this research is descriptive qualitative analysis. The results shows that there is an inequality authorization in the, DPR and DPD, parliament. It gives a signal that the system we have adopted is a soft bicameral. By constant check and balance with Pancasila as the foundation DPD should be strengthen.


Author(s):  
ADEYEMI AMOS ADEGBOYEGA

Greatly concerned and obsessed with the state of affairs in the country, literary artists more often than not, call to conscience the sensibilities of their audience, politicians inclusive. Against the prebendal nature of politics which is characterized by different anarchist tendencies in Nigeria, literary artists find justification for their craft as they seek ultimately to re-organize the society and confront its perils. This is the crux of this study. My concern is to rationalize Abubakar Gimba’s Why am I Doing This? banking on the interrogative undertone of the title, a variation from the norm. This interrogative undertone as will be explicated herein questions the rationalities – of the author and the actors in his observations as documented. Four essays from the collection were purposively sampled to demonstrate this. Deploying the literary tool of postcolonialism, this study a critical qualitative analysis submits that Abubakar Gimba laments the anathema and apathy that pervades the Nigerian society despite the professed democratic system of governance. He unveils the hidden and sad truths of modern Nigeria in its raw and naked form. These truths contradict her democracy. It is against this that Gimba hopes for a change in the status-quo and modus operandi of statecraft.


Author(s):  
Leonard Rogoff

The Women's Club movement became the platform for Weil's social activism. Following her mother and aunt's footsteps as a leader of the Goldsboro Woman's Club, she rose in the hierarchy of the state organization, earning the sobriquet “Federation Gertie.” Eschewing marriage, she bonded with other women and remained loyal to her family while working to expand women's role beyond domesticity. An advocate of municipal housekeeping, she urged the women's movement to advocate for children and women exploited in the textile mills. Increasingly, she saw that reform would not progress without women achieving legal rights and pushed the federation to adopt suffrage resolutions.


Author(s):  
Feisal G. Mohamed

For Marvell sovereignty names the brutal core of political order, where a single ruler, or body of rulers, decides on the state of exception. This recognition is visible in the early, middle, and late stages of his career, from The Picture of Little T.C. and the Villiers elegy, to the Protectorate poems, to the Advice to a Painter poems and An Account of the Growth of Popery. The last of these is illumined by consideration of the case of Shirley v. Fagg (1675); for all that Marvell aligned himself with Shaftesbury, they take different views of the case reflecting their different views of constitutional order. In his mature thought especially, we see Marvell’s impulse to advance the legal rights of the subject and so limit the damage that can be done by the sovereign wielding the power of the sword. This impulse is brought into conversation with Schmitt’s thought on the nature of the pluralist state, which he offers through a critique of Harold Laksi.


Author(s):  
Anna Müller

This chapter is devoted to the process of adapting to cell life in an interrogation prison, the process throughout which the women were learning what their bodies could endure. It centers on how the women were recreating conditions of normalcy while adapting to the space. During even their first moments in prison, when they did not know the space or the capacity of their bodies to function under extreme conditions, women prisoners had to learn how to transform their cells into safe places to regroup and gather strength. Some women used their bodies to achieve social visibility as women. They also used their bodies to liberate themselves from the limitations prescribed by their physicality, for example, through a hunger strike, fasting, or suicide. Throughout this adaptation process, the body was becoming a site of transformation and emancipation from the state of being merely a prisoner.


2019 ◽  
Vol 18 (4) ◽  
Author(s):  
A.V. Tiago ◽  
E.S.S. Hoogerheide ◽  
E.C.M. Pedri ◽  
F.S. Rossi ◽  
E.S. Cardoso ◽  
...  

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