The State Democracy And Anti Terror Laws In India

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The State, Democracy and Anti-terror Laws in India

Author : Ujjwal Kumar Singh
Publisher : Unknown
Page : 345 pages
File Size : 46,7 Mb
Release : 2007
Category : Civil rights
ISBN : 8178296705

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The State, Democracy and Anti-terror Laws in India by Ujjwal Kumar Singh Pdf

Laws like the Prevention of Terrorism Act (POTA) are enacted to address what the state describes as extraordinary situations and put in place exceptions to the ordinary legal and judicial procedures. By examining public debates surrounding extraordinary laws like POTA and the Terrorist and Disruptive Activities (Prevention) Act (TADA) and also specific cases, trials and judgements under the Acts, the author - argues that extraordinary laws have ramifications for people's lives, political institutions, the rule of law and democratic functioning; - shows how such laws assume 'normalcy' and acquire a place of permanence in state practices; and - examines the ways in which such extraordinary laws manifest dominant configurations of political power and ideology. While exploring the unfolding of POTA in specific contexts, the book shows how the law was enmeshed in the politics of Hindutva, electoral and coalition politics, centre-state relations, the politics of repression and reconciliation against nationality struggles, and issues of poverty and development.

The State, Democracy and Anti-Terror Laws in India

Author : Ujjwal Kumar Singh
Publisher : SAGE
Page : 360 pages
File Size : 43,6 Mb
Release : 2007-01-12
Category : Law
ISBN : 0761935185

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The State, Democracy and Anti-Terror Laws in India by Ujjwal Kumar Singh Pdf

Laws like the Prevention of Terrorism Act (POTA) are enacted to address what the state describes as extraordinary situations and put in place exceptions to the ordinary legal and judicial procedures. By examining public debates surrounding extraordinary laws like POTA and the Terrorist and Disruptive Activities (Prevention) Act (TADA) and also specific cases, trials and judgements under the Acts, the author - argues that extraordinary laws have ramifications for people’s lives, political institutions, the rule of law and democratic functioning; - shows how such laws assume ‘normalcy’ and acquire a place of permanence in state practices; and - examines the ways in which such extraordinary laws manifest dominant configurations of political power and ideology. While exploring the unfolding of POTA in specific contexts, the book shows how the law was enmeshed in the politics of Hindutva, electoral and coalition politics, centre-state relations, the politics of repression and reconciliation against nationality struggles, and issues of poverty and development.

Anti-terrorism Laws: India

Author : Kulwant Rai Gupta
Publisher : Atlantic Publishers & Dist
Page : 264 pages
File Size : 55,6 Mb
Release : 2002-01-01
Category : International law
ISBN : 8126901373

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Anti-terrorism Laws: India by Kulwant Rai Gupta Pdf

Terrorism Now Has Become A World-Wide Phenomenon. During The Last Two Decades The World Has Been Marked By An Increasing Number Of Terrorist Attacks. Terrorism Occurs When A Group, Whether Holding Governmental Office, Or Outside Government, Resolves To Pursue A Set Of Ideological Objectives By Methods Which Not Only Subvert Or Ignore The Requirements Of Domestic And International Law, But Which Rely For Their Success Primarily Upon The Threat Or Use Of Violence. There Are Now Over One Lakh Jehadis All Over The Islamic World, In Afghanistan, Kashmir, Albania, Chechnaya (Russia), Xin-Jiang (China), Central Asia And Elsewhere.The United Nations Has Mandated That All States Must Adopt Necessary Legal Instruments To Prevent Terrorism And Strengthen International Cooperation In Combating Terrorism. Unfortunately The Bill For Converting The Anti-Terrorism Ordinance Of India (Prevention Of Terrorism Ordinance) Into An Act Could Not Be Introduced In The 2001 Winter Session Of The Parliament Due To Resistance Of Some Opposition Parties And Because Of The Need For Unity Of All Political Parties To Meet With The War-Like Situation On The Indo-Pak Horizon.The Book Provides Information About Anti-Terrorism Laws Of Important Countries Like The United States, The United Kingdom, Israel Etc. A Study Of Anti-Terrorism Laws Of These Countries Would Be Of Great Help In Formulating A Similar Law For India And Also In Softening Resistance Of Opposition Parties To Such A Law.It Is Hoped That The Book Would Be Found Useful By The Executives Of The World And Regional Organisations, Non-Government Organisations Concerned With World Peace And Security, Government Executives And Parliamentarians In Different Countries Concerned With Tackling Terrorism, Students Of Political Science And Law And The Common Man Interested In Day-To-Day World Affairs.

Global Anti-Terrorism Law and Policy

Author : Victor V. Ramraj
Publisher : Cambridge University Press
Page : 703 pages
File Size : 55,8 Mb
Release : 2012-01-12
Category : Law
ISBN : 9781107014671

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Global Anti-Terrorism Law and Policy by Victor V. Ramraj Pdf

This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.

Counter-Terrorism Laws and Freedom of Expression

Author : Téwodros Workneh,Paul Haridakis
Publisher : Rowman & Littlefield
Page : 409 pages
File Size : 52,5 Mb
Release : 2021-06-22
Category : Political Science
ISBN : 9781793622174

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Counter-Terrorism Laws and Freedom of Expression by Téwodros Workneh,Paul Haridakis Pdf

As nations have aggressively implemented a wide range of mechanisms to proactively curb potential threats terrorism, Counter-Terrorism Laws and Freedom of Expression: Global Perspectives offers critical insight into how counter-terrorism laws have adversely affected journalism practice, digital citizenship, privacy, online activism, and other forms of expression. While governments assert the need for such laws to protect national security, critics argue counter-terrorism laws are prone to be misappropriated by state actors who use such laws to quash political dissent, target journalists, and restrict other forms of citizen expression. The book is divided into three parts. Part I deals with the politics and discourse of counter-terrorism laws. Part II focuses on the ways counter-terrorism laws have impacted journalistic practice in different countries, with effects ranging from imprisonment of reporters to self-censorship. Part III addresses how counter-terrorism laws have been used to target everyday citizens, social media activists, whistleblowers, and human rights advocates around the world. Together, the chapters address how counter-terrorism laws have undermined democratic values in both authoritarian and liberal political contexts. Scholars of political science, communication, and legal studies will find this book particularly interesting.

Comparative Counter-Terrorism Law

Author : Kent Roach
Publisher : Cambridge University Press
Page : 839 pages
File Size : 41,5 Mb
Release : 2015-07-23
Category : Law
ISBN : 9781316381090

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Comparative Counter-Terrorism Law by Kent Roach Pdf

Terrorism law is as international as it is regionally distinct and as difficult to define as it is essential to address. Given recent pressures to harmonize terrorism laws from international organizations like the United Nations Security Council, the Financial Action Task Force, and the Council of Europe, this book presents readers with an up-to-date assessment of terrorism law across the globe. Covering twenty-two jurisdictions across six continents, the common framework used for each chapter facilitates national comparisons of a range of laws including relevant criminal, administrative, financial, secrecy, and military laws. Recognizing that similar laws may yield different outcomes when transplanted into new contexts, priority of place is given to examples of real-world application. Including a thematic introduction and conclusion, this book will help to establish comparative counter-terrorism law as an emerging discipline crossing the boundaries of domestic and international law.

Sedition in Liberal Democracies

Author : Anushka Singh
Publisher : Oxford University Press
Page : 406 pages
File Size : 47,6 Mb
Release : 2018-02-16
Category : Political Science
ISBN : 9780199091829

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Sedition in Liberal Democracies by Anushka Singh Pdf

Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.

Preventive Detention of Terror Suspects

Author : Diane Webber
Publisher : Routledge
Page : 302 pages
File Size : 55,9 Mb
Release : 2016-01-08
Category : Law
ISBN : 9781317385486

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Preventive Detention of Terror Suspects by Diane Webber Pdf

Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compares this to preventive detention under the law of armed conflict and various human rights treaties. The book demonstrates that the procedures governing the use of preventive detention are deficient in each framework and that these deficiencies often have an adverse and serious impact on the human rights of detainees, thereby delegitimizing the use of preventive detention. Based on her investigation Diane Webber puts forward a new approach to preventive detention, setting out ten key minimum criteria drawn from international human rights principles and best practices from domestic laws. The minimum criteria are designed to cure the current flaws and deficiencies and provide a base line of guidance for the many countries that choose to use preventive detention, in a way that both respects human rights and maintains security.

Freedom and Order

Author : Gabriel Rubin
Publisher : Lexington Books
Page : 260 pages
File Size : 54,9 Mb
Release : 2011-05-19
Category : Political Science
ISBN : 9780739164556

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Freedom and Order by Gabriel Rubin Pdf

This book forwards the debate on how to respond to terror attacks. It compares legislative responses to terrorism in the United States, United Kingdom, and Israel finding that government centralization and abridgement of rights are common, but that the story is much more nuanced and complicated than at first meets the eye. Not all terror attacks lead to new legislation, many lead to muted responses.

Transnational Torture

Author : Jinee Lokaneeta
Publisher : NYU Press
Page : 305 pages
File Size : 54,9 Mb
Release : 2014-06-22
Category : Law
ISBN : 9781479816958

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Transnational Torture by Jinee Lokaneeta Pdf

"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.

Companion to Indian Democracy

Author : Peter Ronald deSouza,Mohd. Sanjeer Alam,Hilal Ahmed
Publisher : Taylor & Francis
Page : 420 pages
File Size : 46,7 Mb
Release : 2021-11-11
Category : Political Science
ISBN : 9781000461589

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Companion to Indian Democracy by Peter Ronald deSouza,Mohd. Sanjeer Alam,Hilal Ahmed Pdf

This book presents a comprehensive overview of the contemporary experiences of democracy in India. It explores the modes by which democracy as an idea, and as a practice, is interpreted, enforced, and lived in India’s current political climate. The book employs ‘case studies’ as a methodological vantage point to evolve an innovative conceptual framework for the study of democracy in India. The chapters unpack a diverse range of themes such as democracy and Dalits; agriculture, new sociality and communal violence in rural areas; changing nature of political communication in India; role of anti-nuclear movements in democracies; issues of subaltern citizen’s voice, impaired governance and the development paradigm; free speech and segregation in the public sphere; and, the surveillance state and Indian democracy. These thematic explorations are arranged in an engaging sequence to offer a multifaceted narrative of Indian democracy especially in relation to the recent debates on citizenship and constitutionalism. A key critical intervention on contemporary politics in South Asia, this book will be essential reading for scholars and researchers of political studies, political science, political sociology, comparative government and politics, sociology, social anthropology, public administration, public policy, and South Asia studies. It will also be of immense interest to policymakers, journalists, think tanks, bureaucrats, and organizations working in the area.

Does Torture Prevention Work?

Author : Richard Carver,Lisa Handley
Publisher : Liverpool University Press
Page : 502 pages
File Size : 47,7 Mb
Release : 2016-07-01
Category : Political Science
ISBN : 9781781388686

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Does Torture Prevention Work? by Richard Carver,Lisa Handley Pdf

The first systematic analysis of the effectiveness of torture prevention.

Beyond Human Rights and the War on Terror

Author : Satvinder S. Juss
Publisher : Routledge
Page : 256 pages
File Size : 50,6 Mb
Release : 2018-10-26
Category : Law
ISBN : 9781351006040

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Beyond Human Rights and the War on Terror by Satvinder S. Juss Pdf

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

Counter-Terrorism, Aid and Civil Society

Author : J. Howell,J. Lind
Publisher : Springer
Page : 242 pages
File Size : 44,8 Mb
Release : 2009-09-29
Category : Political Science
ISBN : 9780230250918

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Counter-Terrorism, Aid and Civil Society by J. Howell,J. Lind Pdf

The book critically examines the effects of the War on Terror on the relationships between civil society, security and aid. It argues that the War on Terror regime has greatly reshaped the field of development and it highlights the longer-lasting impacts of post-9/11 counter-terrorism responses on aid policy and practice on civil society.

Internal Security in India

Author : Amit Ahuja
Publisher : Oxford University Press
Page : 417 pages
File Size : 40,5 Mb
Release : 2023
Category : Internal security
ISBN : 9780197660331

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Internal Security in India by Amit Ahuja Pdf

"Maintenance of order and curbing violence--the core constituents of internal security-are fundamental responsibilities of any government. developing countries find this task especially challenging since they face a multitude of internal security threats, either caused by misgovernance, internal political turmoil, or provoked from outside. Since independence, the Indian state has grappled with a variety of internal security challenges including insurgencies, terrorist attacks, caste and communal violence, riots, and electoral violence. Their toll has claimed more lives than all of India's five external wars put together. However, after a sharp upswing in the 1980s and 1990s, a number of violence-related indicators have declined over the past two decades. This drop in violence, its causes and implications, have largely gone unnoticed. Three broad questions animate the discussions in "Internal Security in India". What has been the record of the Indian State in controlling violence and preserving order? How have the approaches and capacity of the State evolved to attain these twin objectives? And what have been the implications of the State's approach towards internal security for civil liberties and the quality of democracy?"--