Suchergebnisse

Preface -- Contents -- List of Statutes -- List of Cases -- Abbreviations -- Chapter 1: Introduction -- 1.1 Introduction -- 1.2 The Legal Evolution of Homosexuality -- 1.2.1 Traditional Religious Morality and the Condemnation of Homosexuality -- 1.2.2 Twentieth and Twenty-First Century Social Changes and Sexuality -- 1.2.3 The Unfolding of Homosexuality in Islamic Countries -- 1.2.4 Homosexuality in Ancient and Modern-Day India -- 1.3 Liberalism -- 1.3.1 The Principle of Equal Concern and Respect -- 1.3.2 Distinction Between Ethics and Morality -- 1.3.3 Discrimination Persists -- 1.3.4 Dworkin and Judicial Discretion -- 1.4 Ground Reality of the Research Problem: Research Study at a Glance -- 1.4.1 Human Rights and Gay Rights -- 1.4.2 The Indian and the International Context -- 1.4.3 Pressing Problem -- 1.4.4 The Indian Legal Context -- 1.4.5 Study Objectives -- 1.4.6 Hypothesis and Research Questions -- 1.4.7 Methodology -- 1.5 Analysis -- 1.6 Chapter Scheme -- Chapter 2: Interpretative Methods and Judicial Power -- 2.1 Introduction -- 2.2 Constitutional Evolution -- 2.3 Sources of the Constitution -- 2.4 The Preamble of the Constitution -- 2.5 Salient Features of the Constitution -- 2.5.1 Written Constitution -- 2.5.2 Parliamentary Form of Government -- 2.5.3 A Secular State -- 2.5.4 Federal Structure -- 2.5.5 Welfare State -- 2.5.6 Adult Suffrage -- 2.5.7 Independent Judiciary -- 2.6 Historical Evolution of the Indian Judicial System -- 2.6.1 Judicial System in Ancient India -- 2.6.2 Judicial System in Medieval India -- 2.6.3 Judicial System Today -- 2.7 Composition of the Supreme Court -- 2.7.1 Court of Record -- 2.7.2 Original Jurisdiction -- 2.7.3 Writ Jurisdiction -- 2.7.4 Appellate Jurisdiction -- 2.7.5 Appeal by Special Leave -- 2.7.6 Power of Review and Curative Petitions -- 2.7.7 Advisory Jurisdiction

Human rights dimensions of the Covid-19 response escalate the obligations of governments. Since the time Covid was first identified in December 2020 in Wuhan, China, Human Rights Watch has reported several human rights abuses including the authoritarian responses in some countries.  Many governments are expanding public health measures by abandoning universal human rights. People are arrested for violating lockdown measures and curfews. Police and/or security forces are using violence, including lethal force, to enforce public health measures such as curfews and the wearing of masks. Lockdowns have imposed restrictions on individual movement by restraining them from leaving their place of residence. Some countries have imposed partial lockdowns. While restrictions on freedom of movement are necessary in the interest of protecting public health, states still are accountable to ensure that such restrictions are proportionate, evidence-based, and time-limited.  There were grievances and inequalities across countries, some of which were based on racist, gender-specific or other discrimination. There is also increased oppression of those who think differently. The pandemic exposes the failures in the context of political action and cooperation. The article makes recommendations on how governments can confront the pandemic while respecting basic human rights.