Evolving humanity, emerging worlds

Manchester, UK; 5th-10th August 2013

(SE04)

The role of law, culture & humanity in the framework of human rights

Location Alan Turing Building G114
Date and Start Time 06 Aug, 2013 at 14:00

Convenors

Alok Chantia (SJNPG College) email
Preeti Misra (Babasaheb Bhimrao Ambedkar University) email
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Short Abstract

The content of self, ethnocentrism and violence are increasing and hence an effort is needed to restore the essence of human right.Proposal discusses the role of law and culture in the establishment of human rights to ensure the essence of humanity in modern world among different cultures.

Long Abstract

Law itself is a clear indication that the content of self, ethnocentrism are increasing day by day and that is why law is making an effort to restore the essence of human right which was evolved by man at the time of inception of culture. Culture is sandwitched between nation and international agencies. Hence, an equilibrium never comes among people, which may give an establishment of human right culture instead of culture among different groups. Education, economy, religion, population, value system, are different parameters which adversely affects human right culture universally and at that point, state uses a unique tool of law for the mobility of humanity artificially by the imposition of cultural relativism. Human right should not take a unidirectional western approach as many religions blame. It should be analysed anthropologically in different micro and macro cultures that also have some strong and strict rules in the form of customary law to regulate human rights among people. So we may sketch a resonance between human rights granted in 1948 and human rights presence in customary law among different cultures of this world.

We propose to organize a panel to discuss the role of law as the establishment of human rights to ensure the essence of humanity in modern world among different cultures and this panel will also find out the reason of increasing fact of law to establish a forced humanity in the frame of human rights.

This panel is closed to new paper proposals.

Papers

A new avenue to broaden the basis for human rights

Author: Tikiri Nimal Herath (University of Sri Jayawardenepura)  email
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Short Abstract

Peace is a big issue in the global economy. This study makes an attempt to find out new avenues to broaden the basis for human rights and to show the role of law.

Long Abstract

At present, peace has become an intricate global problem. Some nations have entangled in war nets; some have faced to ethnic crises; and some others have internal defense problems. Some societies produce unnecessary goods such as explosives and missiles. Consequently, the economies and ethnic groups live in fear. It seems that framework for human rights needs to be reviewed. This paper makes an attempt to fill this gap by examining the some fundamental or generic characteristics of the human being. The study shows that rather than non-human lives such as animals, the human life is highly competitive and interdependent. Human being is competitive in almost all activities such as production, consumption and sexual behaviour. In economics, 'perfect competition' is considered to be most welfare-friendly form of the market. Moreover, since Aristotle many economies proceeded with competition friendly and widely accepted theories (or concepts) such as division of labor and comparative advantage etc. Thus, both man and societies are interdependent. These theories or concepts say that 'man needs the man'. Single group or a society or a nation cannot survive in the globe. Therefore, it is a basis for protection of human rights. However, competition and interdependence among people or nations at the same time is mutually incompatible. That is a situation we need the law. At international level, to make competition and interdependence compatible, competition needs to be incorporated with consensuses. By so doing, rights of the nations can be protected.

Caste Violence on Dalits and the Response of Indian State

Author: Chandraiah Gopani (G.B Pant Social Sceince Institute)  email
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Short Abstract

The paper examines the caste violence on Dalits and the response of Indian state.

Long Abstract

Caste system is a unique phenomenon of Indian society, which divided the people not only into labor but also laborers. It rejects the equality, justice and freedom of individual and groups and fixed the graded inequality and injustice by birth itself. Hence, it become a constant source of hierarchy, exclusion, exploitation and discrimination of Indian society which are legitimized by Hindu scriptures. These inhuman practices have become daily experience of Dalit (Untouchable) even after sixty four years of independent India. Therefore, the anti caste movement became a historical and an important movement for the majority population (who are victims of caste system).The caste massacres like Karamchedu, Chundur (AP), Khairlangi (Maharasta), Paramakudi (Tamil Nadu) and increasing social boycotts; the new avatars of untouchability are the clear indications of endemic caste violence in modern India. However; Due to anti caste movements, Dalit consciousness and constitutional and affirmative action the communities have started to enter into the emerging Public Sphere. The very entry and assertion of Dalits resulted in abuse, humiliation, discrimination, atrocities, and massacre on Dalits, even though these are prohibited by state Acts. Therefore, it shows the limitations of the emerging public sphere and state institutions to create democratic conditions and protect Dalits from caste violence. In this context the paper is going to focus on the caste violence and its modern forms and the response of Indian state and its institutions functioning.

Caste, Law and Judiciary: The Changing Perception

Author: Bir Pal Singh (The National Law Institute University, Bhopal (M.P.), INDIA)  email
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Short Abstract

Some of the judicial pronouncements that occurred during the British periods have also shown the biasness of judiciary on certain extent while deciding the cases belonging to same social stratum. The present paper seeks a critical note on the troika of caste, law and judiciary in Indian Scenario.

Long Abstract

Change and discrimination are the eternal truth of every known human society. Everywhere people are discriminated in the names of caste, class, race, ethnicity, and gender, etc. But for a progressive society these bases of discrimination are not good. Caste in India has been the focus of study since time immemorial. The discrimination based on traditional basis of caste system has made caste unique in Indian scenario. Law as an efficacious means of social control tries to bridge the gap between the people if any kind of discrimination emerges in the society. But it has been found that even law as an aspect of applied system of society differs from caste to caste and basically major differences can be observed in Varna case where one rule for three twice-born Varnas and a different rule for Shudras. However, the traditional concept of caste has changed lot in contemporary Indian society.

Constructing human rights culture through literature: scrutinizing Mahashweta Devi's select short stories

Author: Sudheer Hajela (JNPG College, Lucknow (U.P), India.)  email
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Short Abstract

The aim of the paper is to examine how literature, one of the artefacts of culture contributes in sensitising a particular community to frame laws for the establishment of Human Rights culture. Though culture is time and space specific and law is essentially delineating boundaries on the behaviour of humans, a piece of literature goes a long way in constructing universals for establishing Human Rights culture.

Long Abstract

Literature is one of the constituents of culture in any human community; law and literature both aim at the establishment of universal Human Rights culture. If law controls human conduct by disciplining human body and excessive/extreme physical actions in the interest of larger humanity, a piece of literature prepares human souls to think and improve emotionally, and its impact changes human hearts/minds psychologically. If law is binding and prescriptive and often repressive, literature is more than often therapeutic. The present paper seeks to evaluate how the short stories of Mahashweta devi dwell upon the violation of human rights in general and represent them in a literary idiom. They ,on one hand, categorically sketch the limits of the enforcement of law, on the other,sensitise the common folk to cultivate a culture that insists to treat humans as equals,free from discriminations of caste,class and sex, training the minds for the establishment of a universal human rights culture.

Culture & Humanity in the framework of human Right

Author: Ravinath Tiwari (Allahabad Highcourt, Allahabad)  email
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Short Abstract

None provided.

Long Abstract

Culture & Humanity provides basis for development of Human Rights, whether good or bad culture in every society of world. Culture & Humanity is multi-dimensional; it affected Social, Economic, and Political Human Right. Indian culture or tradition like Sati System, Child Marriage, Caste System etc. While in present day Dowry Death, Domestic Violence and Honor Killing debate is going on, who contribute in violation of Human Right. The Constitution of India and some other legislation like Child and Sati Prohibition Act, Dowry Death Act1961, Domestic Violence Act, 2005, help to remove these abuses from Indian societies. However, Realistic & social-economic approaches of Supreme Court of India contribute to remove the violation of Human Right.

It may be said that all governmental measurement is no more to remove violation of Human Right, without awareness & active participation of the Indian people. International community should play active role for preserving Human Right.

Dalit Leadership and Democratic Decentralization in Rural India

Author: Dr. Girijesh Nandini (Community Health Centre, Sidhauli,Sitapur(U.P.))  email
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Short Abstract

The present paper highlights the status of dalits including the dalit women after introduction of new Panchayati Raj Institutions. The paper covers the dalit representatives of four Gram Panchayats in Block Maal of district Lucknow in the State of Uttar Pradesh in India.

Long Abstract

India as a country is known all over the world for its unique caste system. There is a definite pattern of social stratification is found so far the traditional Hindu social system is concerned. Traditionally society was divided into four Varnas(Brahmen, Kshatriya, Vaishya and Shudra) or sections of human groupings based on the divine theory of origin. However there was one section of society which was not placed in this Varna system of division of people and they were designated as the people belonging to Pancham Varna. They had been debarred from mingling with the people of mainstream of the nation so far there various rights were concerned. After independence the government of India has adopted various measures for the all round development of these people by adopting protective and welfare measures. Inspite of this even today dalits are socially weak, economically needy and politically powerless.

Fighting cultural otherness: late literacy workers

Author: Tatiana Cipiniuk  email
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Short Abstract

None provided.

Long Abstract

Given the growing recognition of illiteracy facing the field of literacy education, particularly in Brazil, from its contribution to a size more large and complex to its meaning as "social problem", further consolidating the condition already established and socially condemned to illiteracy, aggravated by high levels of inequality and statistical indices, the product you intend to develop as a central aspect has a question involving the progressive consolidation of the interdependence between the phenomenon of illiteracy and expansion of "social problem" from full of meanings from the perspective of social ordering and references presented at the time the individual without the domain of the alphabet is affiliated with a school and takes its status as a student in the literacy process.

It is therefore proposed, an exercise that falls on the study of the constitution of students who are affiliated in a unit of Brazilian public education, in order to enhance the meager dominion over the Greek alphabet and also the conditions that crystallize performed extremely specific situations where otherness against the hegemonic standard of literate society delimit experience invested in the socialization of writing, triggered by moral values ​​guiding their decisions based on age category.

This approach takes as its vector the condition of adjustment for a domestication that begins with control of the muscles of the hand, but it replaces, coercively, in whole or in part, perceptions and knowledge socially devalued, thus producing propositividades to confront otherness in universes disparate.

Human rights redefined for women: a reading of Fay Weldon's select fiction

Author: Shalini Misra  email
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Short Abstract

The objective of the paper is to examine how a literary writer such as Fay Weldon

dramatizes the struggle of women to exact human rights in a world dominated by male concerns and women as community can evolve laws of their own to assert their due place and role in the society.

Long Abstract

Freedom of speech is an internationally recognized human right, yet we find women's voices suppressed everywhere. Women are not treated at par with men. There are many feminist writers who are truly committed to the struggle for women's rights. The name of Fay Weldon deserves a special mention.

Weldon's early novels, from The Fat Woman's Joke (1967) onwards focus on the crippling domestic spaces inhabited by women oppressed by socioeconomic and marital circumstances. The burden of physical appearance, the battle of the sexes, and the wife's revenge are the themes treated again and again. The recurrent themes of women as comrades and enemies, and as objects of the deprivation of human rights are explored in Down Among the Women (1971), Female Friends (1975), The Heart of the Country(1987), Growing Rich (1992) and Splitting (1995). Law plays a significant role in assuring equal rights but society is structured in such way that it offers very little freedom to women. Literature reflects the culture of a society but its real purpose does not end here. It aims to reform the society to make the world a better place to live.

Human Rights:- An Empirical Study of Womens' Human Rights

Author: Jaya Dwivedi Tiwari (Lucknow University)  email
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Short Abstract

Human rights need had arisen because of deprivation of fundamental rights, all types of discrimnation, exploitation, oppression and injustice prevalent in the socity.

Long Abstract

The origins of human rights are found in the ideas of natural law and rights, devloped by the greek and roman stoic philosophers.Human rights are the basic fundamental rights.The concept of HRs finds its legal foundation in the slogan of the Frence Revolution"Liberty Equality and Fraternity"as well as in the various articles of UN charter.Thus the HRs are the right of Life,Freedom Inviolability,Property,Upbringing and instruction,choice of occupation,ect.In genral HRs recognise the inherent dignit and fundamental Freedom of all members of Human family and are the foundation for all, justice and peace in the world.

HRs need had arisen because of Deprivation of Fundamental rights,all types of Discrimnation, Exploitations and Injustice in the society.In case of Women HRs are doubly required because of overall women insensitivity in our societ. Even though there are marginal lift in the status of women due to many formal legal measures taken by governoment over the years.In the india,women suffer more because they are consider biologically weaker than men.Their are many forms which are responsible for Violation of the women in India.In other words the violation of Human Rights is still going on.There are no doubt that the Era of globalization has brought some positive change but this era is facing a number of challenges in so many aspect also. Dispite of various Laws, establisment of International,national and state level Human Rights,proactive roles of judiciary and spacific protection given by the constitution,The status of women remains at the low ebb in indian. still they are suffe

r today.

Is Gender Equality in India a Myth Even Today An Anthropological Study of Condition of Women in India with Special Reference to Lucknow (India)

Author: Kshama Chaturvedi (University of Lucknow)  email
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Short Abstract

The half part of the world, i.e. females, in India, have passed from many phases of history. They had been various conditions and situations as per the phases in India. The real better situation of women in India started from the independence of India. With the help of so many constitutional safeguards, many development programmes; from governmental level as well as from non-governmental level, boosted the rank of females in India. This started bringing an overwhelming change in the situation of women in India. But, the Indian society is basically patrilineal society. Male gender in this country, even today, has not been come out of the orthodox male dominancy. That’s why; even today, the condition of women in India is not up to the mark, even after the 64 years of Independence.

Long Abstract

Even today, has not been come out of the orthodox male dominancy. That's why; even today, the condition of women in India is not up to the mark, even after the 64 years of Independence. It seems that the dream of gender equality, which was seen by the maker of the Indian constitution, could not be fulfilled. If we hope that this will be fulfilled, then also, nobody can tell the point of time or time period when this will occur. That's why; the gender equality in India is even a myth even today. There is other face of the coin also. There are several factors which are now bringing so many changed in the society to bring the gender equality in the India. This research paper highlights the situation of Indian women with an intensive study of women of Lucknow district (India). Lucknow is a mega city of India. It is the 12th highest populated city of India. It is capital of Uttar Pradesh, a state of India. The data in this paper is of primary as well secondary nature. The primary data is taken by intensive field work among various places of Lucknow. Interviews were done among all sorts of women, specially, among the women of weaker sections. Secondary data were taken from various official websites, books, periodicals, gazettes and news papers. Statistical package (SPSS) has been used for the analysis of the data. The paper summarizes that without the real gender equality in India the talk of humanity is worthless.

Migration as repulsive violence against self: a study of human rights among migrants of Lucknow city, U.P. India

Author: Mahima Devi (RPPG College)  email
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Short Abstract

When one moves to another city for betterment of life, is nothing but an example of repulsive violence, where one becomes the victim of circumstances. Repulsive violence always gives an anti feeling and it seems human rights violation by others but it is very example of self human right violation in which one who has all amenities but want to have more and leaves his native place and becomes deprived from all basic necessities .

Long Abstract

After having proper shelter in native village, one moves to another city for betterment of life, is nothing but an example of repulsive violence, where one becomes the victim of circumstances. Repulsive violence always gives an anti feeling and it seems human rights violation by others but it is very example of self human right violation in which one who has all amenities but want to have more and leaves his native place and becomes deprived from all basic necessities . Present study is based on Lucknow, state capital of Uttar Pradesh where every year thousands of people come in search of better life specially in the quest of better education and life style for their children. Children also keep mum because they know their father's capability but they suppress their will, feeling for enjoyment as a strong feature of repulsive violence and it makes the child introvert instead of extrovert. 300 families were taken to evaluate the present problem by random sampling in the month of January 2012, all respondents were more than 18 years of age of both sex. In my proposed paper I have tried to find out the reality behind repulsive violence and it is proved that with a negative notion, repulsive violation is not meant for a fight or cruelty but also it is a type of violation against self and makes alternative human rights violation.

Rampur Bangar laboratory of a hundred percent enrolment of children in schools

Author: Mahaveer Jain (V.v. Giri National Labour Institute, Noida)  email
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Short Abstract

None provided.

Long Abstract

The constitution of India has given a guarantee to put 253 million children of India into schools, but only 187 million children are studying in 18 lac schools of the country. Still 87 million children are not attending educational institution of the country. The present paper reflects that how hundred percent enrolment of children in school is possible. This paper covers a case study of Rampur Bangar village in Greater Noida of India. It provides insights into the processes of securing hundred percent enrolment of children in educational institutions and strategies to retain hundred percent enrolment of children below the age of 14 years in the schools. It gives practical and ground realities as to how drop out children problem can be tackled without addressing the issue for poverty and welfare. This paper also depicts a unique feature of Child Rights and Human Rights which have been achieved by the collected efforts and convergence of various cultural and educational groups at village level. It also shows that it is possible to achieve hundred percent enrolment in schools with minimum financial support and through the existing local resources. This unique example of Human and Child Rights can be multiplied at country and to other developing countries.

Return of Pardah Custom in India : a Threat to Gender Equality

Author: Dr. Santosh Upadhyay (University of Lucknow, India)  email
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Short Abstract

If we go back in the history of India, we will find that the ‘Purdah’ system in India has felt many waves of change. In the beginning of Hindu culture/civilization; during the Vedic civilization, there was no such ‘Purdah’ system. Later on, with the establishment of Muslim rule in India, ‘Purdah’ system started. More lately, this system rooted in the Indian society. Although regional differences may be found but before the freedom of India, this system prevailed.

Long Abstract

If we go back in the history of India, we will find that the 'Purdah' system in India has felt many waves of change. In the beginning of Hindu culture/civilization; during the Vedic civilization, there was no such 'Purdah' system. Later on, with the establishment of Muslim rule in India, 'Purdah' system started. More lately, this system rooted in the Indian society. Although regional differences may be found but before the freedom of India, this system prevailed.

After the Independence, this system started obsolescing slowly. The eradication of this system provided a better state of gender equality in India. But, nowadays it is seen that the system of 'Purdah' system is starting drastically. This paper finds the details of the 'Purdah' system in India. This paper throws light on the reasons of re-strengthening of this 'Purdah' system and also it focuses the positive and negative effects of it with special emphasis on gender equality. The data used in this paper is of primary nature. Purposive sampling was done and for collection of data, field work was done in Lucknow and Jaunpur districts of Uttar Pradesh state of India.

Role of Education for Prevention & Elimination of Child Labour

Author: Suman Pande (Empi Business School, New Delhi)  email
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Short Abstract

None provided.

Long Abstract

It is globally accepted that the prevention and elimination of child labour and Human Resource Development through education are directly connected. Providing education means strengthen the human resource to break the vicious cycle of poverty and child labour. In reality there are only a few examples where this approach was taken and was successful. Nizamabad District of Andhra Pradesh is one of them. The paper highlights the strategies adopted by the Government Officials to make the Jakranpalli Mandal of Nizamabad Child Labour free by achieving 100 per cent enrolment of all the children below 14 years of age in the educational institutions.

For the study two mandals were selected (i) Mandal with hundred percent enrolments of children in educational institutions; and (ii) Mandal where enrolment rate in educational institutions was still low. The methodology adopted by the researchers was based on collection of primary and secondary data. The result of the study showed that:

A clear and simple definition of child labour among policy makers and implementers; success is possible when all those involved in the process of child labour eradication takes personal responsibility; success can be achieved when there is a convergence of the work of various departments with the focused vision of enrolling every child in school; adult labourers benefit by getting three-four times higher wages which resulted improvement in their living standard and high human development indices of the area. The paper will give insights at national and international level to strength the human resource.

Role of Law in Uplifting the Situation of Women in India

Author: Sonali Roy Choudhury (BBAU,LKO, India)  email
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Short Abstract

None provided.

Long Abstract

Women are the pivot of the society without her even the imagination of a fulfledged world is not possible ironically she is facing problems in the same world which is incomplete without her.It's not only confined to a nation but this suffering is of every women in the world just the change lies in the circumstances.In India the problems that are numerous such as sexual harassment at work place,dowry,rape,societal gender biased norms,domestic violence are the highlighted ones.

However the role of law to curb them all is worth of appraisal.Indian constitution under article 14,15(3),16,21,39(a),39(b),39(c),42,51(A)(e),243(D)(3),243(D)(4),243(T)(3),243(T)(4)guarantees status of Equality.India has been party to CEDAW and implemented many provisions .Furthermore Domestic Violence Act 2005, leading case of VISHAKA v. STATE OF RAJASTHAN,Dowry Prohibition Act 1961.

But still change in mindset is required and that can never be changed through a piece of a paper but yes the peeping sunshine is not far away.

Withering Tribal Customary Laws : A Myth or Reality (A Case Study of Kinnaura Tribe in Himachal Pradesh)

Author: O P Monga (Shoolini University of Biotehnology and Management Sciences, Bajhol, P.O. Sultanpur,Solan (HP)-173229, India )  email
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Short Abstract

Basic concern of this paper is to examine interface between customary laws of Kinnaura tribe and contemporary human rights. This study throws light on to what extent customary laws have given way to contemporay human rights paradigm.

Long Abstract

This exploratory study was conducted to understand customary laws which underlie social organization of Kinnaura tribe of Himachal Pradesh and to investigate its interface with contemporary human rights. Based on documentary evidence and focused group discussions with the people of Kinnaur it was observed that customary laws are gradually giving way to human rights. But certain aspects of their socio-cultural system are still governed by their customary laws, in spite of their affirmation to contemporary human rights for which legal and administrative interventions have been initiated by the State. Customary laws not withering away, there seems to be an emergence of amalgam of both, making it difficult, to perceive continuity and change of customary laws in Kinnaura society, in the event of changing social, economic and political life.

indings are suggestive of the fact that there is need to identify positive aspects of customary laws of Kinnaura culture and integrate these with modern human right culture so as to achieve a harmonious balance between traditional and modern culture.

This panel is closed to new paper proposals.

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