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The Civil Rights Of Indian Citizens Are Guaranteed Both In The Indian Constitution And Through The State's International Commitments. Despite These Guarantees, The Civil Rights Framework Encounters Numerous Challenges From The State—problematic Counter-terrorism Laws, Continuation Of The Death Penalty, Misuse Of Arrest And Preventive Detention Powers, Lack Of Implementation, And Impunity. Through Nine Incisive Essays On Both Traditional And Emerging Issues, This Volume Examines The Prevailing Imbalance Between Individual Rights And State Power. Many Laws Designed To Protect The State Do Little More Than Protect State Power At The Expense Of Her Citizens, Directly Flouting The Constitution, International Law, And Democratic Principles. The Authors Critically Analyse Most Of These Laws, Examining Their Justifications, Background Debates, And Evolution, Along With How They Violate Constitutional And International Law. Taking Into Account Relevant And Contemporary Comparative Case Law And Developments In International Law, This Book Makes A Strong Case For Bold Legal Reforms And Suggests Various Measures For Improvement.
This volume investigates the persistent tension between the civil rights guaranteed to Indian citizens under the Constitution and the encroaching power of the state through restrictive legislation. A.G. Noorani, a prominent legal scholar and constitutional expert, utilizes a collection of nine incisive essays to dissect the erosion of democratic principles. By evaluating the intersection of domestic counter-terrorism laws, preventive detention, and international human rights obligations, the author argues that current state practices frequently prioritize institutional preservation over individual liberty.
What You Will Find
Legal scholars and human rights advocates frequently cite this work as a critical resource for understanding the structural vulnerabilities within the Indian legal system. Experts highlight the text for its rigorous academic approach and its clear articulation of the conflict between state security mandates and fundamental human rights.
Page Count:
304
Publication Date:
2011-01-01
Publisher:
OUP India
ISBN-10:
0199088578
ISBN-13:
9780199088577
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