51 research outputs found
Women Participation And Decentralised Politics
The position of women in politics was analyzed a number of years ago in the well-known United Nations study edited by Maurice Duverger. Men continued to believe that political activity was a masculine Prerogative. The old theory of female incapacity had been replaced by a „functional‟ theory about the division of aptitudes, which is necessarily reflected in the division of labour. In its modernized form, this kind of functional theory recognizes the right of women to work outside the home and to participate in civic and political affairs, yet emphases their special concern with „home policy‟ matters, i.e., motherhood and its problems, education and the family. Women‟s political activity becomes channeled into these areas rather than into political parties, trade unions and the life. The best way to judge the position of a nation is to find out the status of women. In reality the status of women is the measuring rod for assessing the standard of culture of any age. The social status of women is a country- represents the social spirit of the age
A Beneficial Resemblance of the Origin of Hindu Law : Religious Observation
This paper aims to improve our understanding about the prevalence and determinants of Hindu law in both historical and comparative perspectives with an introductory reflections on the nature and role of law in society the inter relationship between religion and their sources in general further issues covered include the triple origins of Hindu law in priestly codes Dharmaas religious law and the controversy over religion and secularism in the courts today Attention is given to definition of the category Hindu attempts to legislate the universal structure of Hindu Scriptures as It is especially pertinent for students interested in comparative legal theory of Hindu law the inter sections of law religion and religious practices and the role of law in determining or reforming the social orde
The Doctrine Of Pious Obligation And Its Relevance Today
The Doctrine of Pious Obligation is that doctrine under which sons are made liable to discharge father’s debts. It is solely religious. It only refers to vyavaharika debt i.e., debts conducted for legal purposes only, and excludes avyavaharika debts i.e. debts taken for immoral and unethical purposes. There are certain questions about the relevance of the doctrine of pious obligation under Hindu Law. This is because the Hindu Succession (Amendment) Act, 2005 led to the abrogation of the doctrine. To understand its importance today, it is required to refer to the meaning of the doctrine of pious obligation, its origin and historical background, and an analysis of the legal position of the doctrine prior to the Hindu Succession (Amendment) Act, 2005 and post the amendment
Re-colonisation of Jammu and Kashmir and the Right to Self-determination
On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the demographic composition of j&k, Article 35A of Indian constitution 1949 was also abolished and new domicile rules were introduced paving the way for non-Kashmiri Indians to settle permanently in j&k. Under the Jammu and Kashmir Reorganisation Act 2019, Kargil and Leh districts were cut from Jammu and recategorized as Union Territory of Ladakh and the state of j&k was relegated to a Union Territory directly governed by the central government. On 5 May 2022, a delimitation report was published giving more seats to Hindus compared to Muslims against the population criterion. This article argues that India had started re-colonisation of j&k since October 1947. Eliminating its autonomous status in August 2019 was not the starting but a tipping point of the re-colonisation. After decolonisation of British India in August 1947, major Indian states such as Hyderabad; Junagadh and j&k were given the option to join India or Pakistan. India saw this as a ‘grave threat’ to her organic unity and invaded Hyderabad on 13 September 1947; j&k on 27 October 1947 and Junagadh on 9 November 1947. It is argued that India secured accession from the Ruler of j&k under compelling circumstances and on the condition that a free and impartial plebiscite would be held to ascertain the wishes of Kashmiri people. Since 1947, the pledge of plebiscite did not materialise. As freedom from colonialism has become a jus cogens, it is argued that the United Nations (UN) and its members have erga omnes obligations to respect and support the right to self-determination of the Kashmiri people
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