SHABINA ARFAT | University of Kashmir, Srinagar, J&K, India (original) (raw)
Papers by SHABINA ARFAT
Journal of Civil & Legal Sciences, 2015
In this paper an attempt has been made to analyze the existing provisions for the reparation of v... more In this paper an attempt has been made to analyze the existing provisions for the reparation of victims of human rights violations in the State of Jammu and Kashmir. The existing rehabilitation programs for the people affected by conflict are mostly in the form of compensation, exgratia relief and in special cases providing job. No concrete efforts have been taken by the Government towards psychological rehabilitation. Monetary compensation is not adequate to strictly aim at repairing the damage. All injuries/damages cannot be economically assessed. Satisfaction as reparatory measure is least applied.
American Journal of Humanities and Social Sciences, 2013
The development of human rights law in response to globalization is not new, and there is nothing... more The development of human rights law in response to globalization is not new, and there is nothing inherent in the international system that would prevent further protective measures. A number of U.N. specialized agencies have also addressed the question of globalization. This global development is sometimes viewed as being responsible for exploitation, and other forms of human rights abuses. On the other hand, improvements in human rights are sometimes attributed to the spread of liberal ideas and movements, which is one of the key dimensions of globalization. Critics say human rights have been adversely affected by globalization for instance right to equality and other socio economic rights. The commitment of the United Nations to the indivisibility of human rights is reflected in the Universal Declaration of Human Rights. Human rights are the first responsibility of governments. While globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries. Inequality has risen during this present globalization period. In this paper an attempt has been made to highlight the impact of globalization on human rights regime.
The paper presents an overview of the situation of women in informal employment in India and thei... more The paper presents an overview of the situation of women in informal employment in India and their access to social protection, and examines key public policy issues in extending social protection to this group. The Indian economy can well be studied in two distinct sectors, organized and unorganized (informal). Informal employment of women in India is a recent problem. The widespread informal sector in the country is a major contributor to its development but at the same time it is plagued by several problems such as no proper service rules, no wage rules and no possibilities of career advancement. Woman workers in the unorganised sector is characterised as one in which women do arduous work as wage earners, piece-rate workers, casual labour, paid and unpaid family labour. This is a product of economic crises, labour market liberalization, inadequate welfare reforms/social security and their poor implementation. Relaxed attitude is shown towards this important gender dimension. Wom...
Journal of civil and legal sciences, 2013
This work explores empirical and theoretical perspectives on land acquisition for the protection ... more This work explores empirical and theoretical perspectives on land acquisition for the protection of environment accompanied by rehabilitation of the evicted community. Land acquisition followed by resettlement of affected fishermen community apparently had an overall good impact on the evicted population. The work reveals that resettlement has not compromised the basic requirements of the evictees; however, further steps are required to be taken to make the said eviction in consonance with the guidelines of the Supreme Court. There is a constitutional imperative on the State Government, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment. Social justice, equality and dignity of person are the corner stones of social democracy. The expression ‘life’ in Art.21 of the Constitution has a much wider meaning which includes right to livelihood, better standard...
Asian journal of social sciences and humanities, 2013
The paper presents an overview of the rights of the children as discussed by various jurists on t... more The paper presents an overview of the rights of the children as discussed by various jurists on the general understanding of Islamic principles. The Quran and the traditions of the Prophet Muhammad form the basis and foundation of the Islamic perspectives of the children’s rights, especially the treatment of the orphans. It is observed that the protection of the children’s rights in Islam can be traced to the verses of the Holy Qur’an and thus highlights the importance of this vital study aspect. In Islam, securing the rights of the children is considered a part of the commendable religious deeds that Muslims should perform in order to gain rewards in the hereafter. The behavior of Prophet Muhammad towards orphan children was demonstrably kind.
In this paper critical analysis of the various provisions of the ‘Protection of Plant Varieties a... more In this paper critical analysis of the various provisions of the ‘Protection of Plant Varieties and Farmer's Rights Act, 2001’, has been made. It reflects as how this piece of legislation-the main legislative instrument in India-protects various rights of plant breeders, at the same time ignoring many other important aspects. The Act grants many traditional rights like, right to save, sow, re-sow, etc. of their farm produce. It envisages that the farmers should be treated like commercial breeders and should receive the same kind of protection for the varieties they develop. However, the farmer is not entitled to sell the ‘branded seed’ of a protected variety. Avenues for benefit sharing between commercial plant breeders and the farmers as the protectors and developers of traditional varieties on their lands is also provided. A farmer who is engaged in the conservation of genetic resources shall be entitled for recognition and reward from the Gene Bank but many provisions prove t...
Christ University Law Journal
Victims of involuntary disappearance suffer from physical/mental injury, emotional suffering, eco... more Victims of involuntary disappearance suffer from physical/mental injury, emotional suffering, economic loss resulting in substantial impairment of fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or humanitarian law. It also reveals that even the rights of immediate family of a victim of involuntary disappearance are violated. Unlike olden times, the rights of the sufferers of involuntary disappearance are now well protected under various international instruments. This paper throws light on acts of involuntary disappearance, as one of the worst case of violation of human rights.
Asian Journal of Research in Social Sciences and Humanities, 2013
Academicia an International Multidisciplinary Research Journal, Apr 3, 2013
The development of human rights law in response to globalization is not new, and there is nothing... more The development of human rights law in response to globalization is not new, and there is nothing inherent in the international system that would prevent further protective measures. A number of U.N. specialized agencies have also addressed the question of globalization. This global development is sometimes viewed as being responsible for exploitation, and other forms of human rights abuses. On the other hand, improvements in human rights are sometimes attributed to the spread of liberal ideas and movements, which is one of the key dimensions of globalization. Critics say human rights have been adversely affected by globalization for instance right to equality and other socio economic rights. The commitment of the United Nations to the indivisibility of human rights is reflected in the Universal Declaration of Human Rights. Human rights are the first responsibility of governments. While globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries. Inequality has risen during this present globalization period. In this paper an attempt has been made to highlight the impact of globalization on human rights regime.
Journal of Civil & Legal Sciences, 2015
In this paper an attempt has been made to analyze the existing provisions for the reparation of v... more In this paper an attempt has been made to analyze the existing provisions for the reparation of victims of human rights violations in the State of Jammu and Kashmir. The existing rehabilitation programs for the people affected by conflict are mostly in the form of compensation, exgratia relief and in special cases providing job. No concrete efforts have been taken by the Government towards psychological rehabilitation. Monetary compensation is not adequate to strictly aim at repairing the damage. All injuries/damages cannot be economically assessed. Satisfaction as reparatory measure is least applied.
American Journal of Humanities and Social Sciences, 2013
The development of human rights law in response to globalization is not new, and there is nothing... more The development of human rights law in response to globalization is not new, and there is nothing inherent in the international system that would prevent further protective measures. A number of U.N. specialized agencies have also addressed the question of globalization. This global development is sometimes viewed as being responsible for exploitation, and other forms of human rights abuses. On the other hand, improvements in human rights are sometimes attributed to the spread of liberal ideas and movements, which is one of the key dimensions of globalization. Critics say human rights have been adversely affected by globalization for instance right to equality and other socio economic rights. The commitment of the United Nations to the indivisibility of human rights is reflected in the Universal Declaration of Human Rights. Human rights are the first responsibility of governments. While globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries. Inequality has risen during this present globalization period. In this paper an attempt has been made to highlight the impact of globalization on human rights regime.
The paper presents an overview of the situation of women in informal employment in India and thei... more The paper presents an overview of the situation of women in informal employment in India and their access to social protection, and examines key public policy issues in extending social protection to this group. The Indian economy can well be studied in two distinct sectors, organized and unorganized (informal). Informal employment of women in India is a recent problem. The widespread informal sector in the country is a major contributor to its development but at the same time it is plagued by several problems such as no proper service rules, no wage rules and no possibilities of career advancement. Woman workers in the unorganised sector is characterised as one in which women do arduous work as wage earners, piece-rate workers, casual labour, paid and unpaid family labour. This is a product of economic crises, labour market liberalization, inadequate welfare reforms/social security and their poor implementation. Relaxed attitude is shown towards this important gender dimension. Wom...
Journal of civil and legal sciences, 2013
This work explores empirical and theoretical perspectives on land acquisition for the protection ... more This work explores empirical and theoretical perspectives on land acquisition for the protection of environment accompanied by rehabilitation of the evicted community. Land acquisition followed by resettlement of affected fishermen community apparently had an overall good impact on the evicted population. The work reveals that resettlement has not compromised the basic requirements of the evictees; however, further steps are required to be taken to make the said eviction in consonance with the guidelines of the Supreme Court. There is a constitutional imperative on the State Government, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment. Social justice, equality and dignity of person are the corner stones of social democracy. The expression ‘life’ in Art.21 of the Constitution has a much wider meaning which includes right to livelihood, better standard...
Asian journal of social sciences and humanities, 2013
The paper presents an overview of the rights of the children as discussed by various jurists on t... more The paper presents an overview of the rights of the children as discussed by various jurists on the general understanding of Islamic principles. The Quran and the traditions of the Prophet Muhammad form the basis and foundation of the Islamic perspectives of the children’s rights, especially the treatment of the orphans. It is observed that the protection of the children’s rights in Islam can be traced to the verses of the Holy Qur’an and thus highlights the importance of this vital study aspect. In Islam, securing the rights of the children is considered a part of the commendable religious deeds that Muslims should perform in order to gain rewards in the hereafter. The behavior of Prophet Muhammad towards orphan children was demonstrably kind.
In this paper critical analysis of the various provisions of the ‘Protection of Plant Varieties a... more In this paper critical analysis of the various provisions of the ‘Protection of Plant Varieties and Farmer's Rights Act, 2001’, has been made. It reflects as how this piece of legislation-the main legislative instrument in India-protects various rights of plant breeders, at the same time ignoring many other important aspects. The Act grants many traditional rights like, right to save, sow, re-sow, etc. of their farm produce. It envisages that the farmers should be treated like commercial breeders and should receive the same kind of protection for the varieties they develop. However, the farmer is not entitled to sell the ‘branded seed’ of a protected variety. Avenues for benefit sharing between commercial plant breeders and the farmers as the protectors and developers of traditional varieties on their lands is also provided. A farmer who is engaged in the conservation of genetic resources shall be entitled for recognition and reward from the Gene Bank but many provisions prove t...
Christ University Law Journal
Victims of involuntary disappearance suffer from physical/mental injury, emotional suffering, eco... more Victims of involuntary disappearance suffer from physical/mental injury, emotional suffering, economic loss resulting in substantial impairment of fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or humanitarian law. It also reveals that even the rights of immediate family of a victim of involuntary disappearance are violated. Unlike olden times, the rights of the sufferers of involuntary disappearance are now well protected under various international instruments. This paper throws light on acts of involuntary disappearance, as one of the worst case of violation of human rights.
Asian Journal of Research in Social Sciences and Humanities, 2013
Academicia an International Multidisciplinary Research Journal, Apr 3, 2013
The development of human rights law in response to globalization is not new, and there is nothing... more The development of human rights law in response to globalization is not new, and there is nothing inherent in the international system that would prevent further protective measures. A number of U.N. specialized agencies have also addressed the question of globalization. This global development is sometimes viewed as being responsible for exploitation, and other forms of human rights abuses. On the other hand, improvements in human rights are sometimes attributed to the spread of liberal ideas and movements, which is one of the key dimensions of globalization. Critics say human rights have been adversely affected by globalization for instance right to equality and other socio economic rights. The commitment of the United Nations to the indivisibility of human rights is reflected in the Universal Declaration of Human Rights. Human rights are the first responsibility of governments. While globalization offers great opportunities, the fact that its benefits are very unevenly shared and its costs unevenly distributed represents an aspect of the process that affects the full enjoyment of all human rights, in particular in developing countries. Inequality has risen during this present globalization period. In this paper an attempt has been made to highlight the impact of globalization on human rights regime.