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Contribution to Book
Repressive Laws in India
UNPACKAGING HUMAN RIGHTS: CONCEPTS, CAMPAIGNS & CONCERNS (2009)
  • Saumya Uma
Abstract

The ‘repressive laws’ chapter focuses on typical characteristics of repressive laws, laws related to preventive detention, anti-terror laws, security and other stringent laws, and highlights (but does not discuss) other repressive laws and policies. A discussion on campaigns on repressive laws and the role of the judiciary, dealt with in this chapter, is intended to give the readers a feel of the ground realities, and the challenges faced by civil society with regard to such laws and their negative impact on human rights. While arguing that draconian / stringent laws negatively impact the enjoyment of human rights both through objectionable provisions as well as their misuse, the chapter presents both sides of arguments on issues that are currently crucial in public discourse. These include whether stringent laws would counter terrorism, and whether the Armed Forces (Special Powers) Act is a necessary measure. A discussion on anti-poor laws has been included in this chapter in order to bring to the fore the existence of such laws and their repercussions on human rights. It bespeaks an attempt to place and present socio-economic and cultural rights pertaining to marginalized, underprivileged sections of society on par with civil and political rights that are predominant in human rights discourse on repressive laws.

Keywords
  • repressive laws,
  • India,
  • draconian
Disciplines
Publication Date
June, 2009
Editor
Saumya Uma
Publisher
Women's Research & Action Group (WRAG) and Documentation, Research and Training Centre (DRTC)
Citation Information
Saumya Uma. "Repressive Laws in India" MumbaiUNPACKAGING HUMAN RIGHTS: CONCEPTS, CAMPAIGNS & CONCERNS (2009)
Available at: http://works.bepress.com/saumyauma/17/