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From this paper, it has been found that the Mauritian state has always laid much emphasis on nation building, which has been its main priority. We can see that the country has all the necessary ingredients to consolidate and sustain its nation building. The high level of tolerance, mutual understanding and cultural relativity on the part of each and every community are the basis on which the state can realise its vision of a harmonious, stable and an all inclusive Mauritian nation where good governance, transparency and social justice prevail. Scrupulous Politicians, malignant intellectuals and auto proclaimed religious leaders who practice what McKay has referred to as „Manipulative ethnicity‟ (Haralambos & Holborn, 2000) to form groups and create social problems for nation building should be brought to task. Therefore, there is an urgent need to consolidate good governance at all levels with a view of building a just and fair Mauritian nation where everybody feels included. References (1) B. Benedict, Mauritius: The Problems of a Plural society. Pall Mall Press, London, 1965. (2) T. H. Eriksen, Communicating Cultural Difference and Identity: Ethnicity and Nationalism in Mauritius. Department of Social Anthropology, Norway, 1990. (3) T.H. Eriksen, 1993. The Epistemological status of the concept of Ethnicity. Available: http://Folk.Uio.no/geithe/satus.of .ethniciy.html (4) T.H. Eriksen, Ethnicity and Nationalism. Pluto Press, London, 1993. (5) M. Haralambos and M. Holborn, Sociology: Themes and Perspectives, 5 th edn. HarperCollins, London, 2000. (6) J. J. Macionis, Society The Basics, 6 th edn. Prentice Hall, New Jersey, 2002. (7) H. Mathur, Parliament in Mauritius. Ocean Indien, Rose Hill, 1991. (8) K. Parahoo, Nursing Research Principles, Process and Issues. Macmillan Press Ltd, London, 1997 (9) P. Ralph, The Enigma of Ethnicity: An analysis of Race in the Caribbean and the world. School of continuing studies, Trinidad, 1993. (10) R. Suntoo, “Managing Multi-Ethnic Mauritius”, paper presented at South African Sociological Association Conference, University of Witswatersrand, 2009. (11) Report of the commission on the future of Multi Ethnic Britain, 2000. Published Profile Books, U.K. Available: http://www.runnymedetrust.org/ (12) P. G. Roeder, The Robustness of institutions in Ethnically Plural Society. Available: http:// www.yale.edu/macmillan/ocvprogram/licep/2/roed er/roeder.pdf. (13) Government Gazette of Mauritius, 1999. Act of Parliament 1999, African Cultural centre (Amendment Act 1999), Government Printing, Mauritius. (14) Government Gazette of Mauritius, 2000. Act No 37, The Islamic Cultural Centre Trust Fund (Amendment) Act 2000, Government Printing, Mauritius. (15) Government Gazette of Mauritius, 2001. Act No 3, Mauritius Marathi Cultural Centre, Act No 4, Mauritius Telegu Cultural Centre, Act No 5, Mauritius Tamil Cultural Centre, Act No 6, Mauritian Cultural Centre, Government Printing, Mauritius. (16) C. Stephenson, 2005. Nation Building - Beyond Intractability - More Constructive. Available: http://www.beyondintractability.org/essay/nation_b uilding. (17) Good Governance. Available: http://www.ausaid.gov.au/publications/pdf/good_g overnance.pdf. (18) Telegraph Nepal : Role of Nepalese Youth in Nation-Building. Available: http:// www.telegraphnepal.com/news_det.php?news_id= 4006. (19) What is good governance? Available: http://www.unescap.org/huset/gg/governance.htm. (20) Country, State, Nation - Definition of Country, State, and Nation. Available: http:// www.geography.about.com/cs/politicalgeog/a/state nation.htm (21) Definition of ethnicity, culture and identity. Available: http://www.childsafety.qld.gov.au/.../definitionethnicity.html. (22) Nation-building. Available at http://www.en.wikipedia.org/wiki/Nation-building. (23) Native Nations Institute: What is Native Nation Building? Available: http://nni.arizona.edu/whoweare/whatis.php www.theinternationaljournal.org > RJSSM: Volume: 01, Number: 10, Feb-2012 Page 101
Internalizing International Human Rights on Prisoners in India – A Juristic perspective Rajasekaran Srinivasan, Assitant Professor, P.G.Department of Constitutional Law & Human Rights, Tamil Nadu Dr.Ambedkar Law University, Chennai-600 028, Tamil Nadu, India Abstract Life, Liberty, Equality and Dignity are the basic tenets of human rights. It evolved at the global level and is internalized by the Legislature and harmonized by the judiciary at the domestic level. India suffered under the imperialistic yoke for centuries. All the existing Criminal laws are based on British legal system. Hence it declared human rights as its cardinal principle to the protected at all costs. Being the largest democracy with a heterogeneous population makes this aspect even more important and difficult. Therefore corresponding to the developments of human rights at the global level, India periodically attempts to internalize such laws into the domestic system either by amending the Constitution or through legislative enactments. In spite of that, there is persisting gap between the evolving global laws and the existing laws relating to prisoners rights. Global human rights are far ahead of national human rights. In this context, this research attempts to analyze the role of the Supreme Court in assimilating internalizing and harmonizing the global laws in order to minimize the gap. In this research work certain questions crop up, which are sought to be answered. ************ “There is no iron curtain between a prisoner and the fundamental rights” said Hon‟ble Justice V.R. Krishna Iyer in Sunil Batra case. The profundity of this simple statement is enormous. Prisoners‟ rights are very sensitive one, mostly neglected or brushed aside. By birth no man is a criminal, circumstances mould some as criminals. The saying is embodies in all religious principles. Gandhi, the Mahatma following that great religious precedent said, “Hate the sin, but not the sinner”. It is accepted by the Indian legal system with a true sense of „heart and soul‟ and is the cardinal principle of criminal justice system in India. Prisoners as „persons‟ are entitled to all those rights available to „persons‟. The treatment meted out to prisoners differs from country to country. But in no country they are accorded all human rights. Commenting on that general unhealthy trend, Hon‟ble Justice V.R. Krishna Iyer observed “Barbarity in sentence and torture in prison are a trend, which aggravates the malady and is so self-defeating that punitive cruelty is a curative futility.” Freedom fighters, put behind bars are also treated as prisoners. After the country attains independence, they become heroes and leaders of the new nations. The autocratic regime on India for more than two centuries saw many a freedom fighter behind the bars, leaving the prisons a crowded place in British India. India has inherited most of the laws relating to prisoners from the British, whose aim was to facilitate effective control over colonial India. After independence, these laws especially its structure continued, but modifications were made to other aspects. It is relevant to understand the rights available to all sorts of prisoners, convicted for political causes or for various other offences committed by them, against the State as well as individuals. The laws relating to prisoners in India have been influenced by international instruments on one side and on the other the practice of treating prisoners which is the residue of British imperialism which also introduced the police and prison system. These systems are responsible for the continuance of inhuman treatment of the prisoners. In this paper an attempt is made to probe the following research problems what is the role of the Supreme Court of India in enforcing prisoner‟s right and critically analyze the harmonization process in various phases and its various dimensions Research Methodology It is an ex-post facto research. The cases decided by the Supreme Court from 1950 to 2010 related to human rights have been taken for analysis. The process of interpretation by the judiciary is analyzed. However, in this research work, the role of the Supreme Court in enforcing the international human rights law into domestic law has been explored, analyzed and formulated only through the cases already decided by the Supreme Court. This research work consists of various stages. Firstly, Supreme Court judgements in which one or more international human rights instruments mentioned are explored. Secondly, Such explored cases are arranged chronologically and classified into four groups, which constitute four phases namely from 1950 to 1966 i.e. from the commencement of the Indian Constitution to the year of the enactment of International Covenant on Civil and Political Rights, 1966 (ICCPR) and International Covenant on Economic, Social and Cultural Rights, 1966 (ICESCR) the Second phase from 1966 to 1979 i.e. after the enactment of ICCPR and ICESCR to the year of ratification of these two instruments by India, the third phase commenced from 1979 i.e. after the ratification of the two covenants and before the enactment of Protection of Human Rights Act, 1993, the fourth phase commences from the enactment of Protection of Human Rights, 1993 to 2011 is a period of www.theinternationaljournal.org > RJSSM: Volume: 01, Number: 10, Feb-2012 Page 102
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Table of Contents Articles-HR Worki
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Lifelong Learning: The Challenge in
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the fact that Indian society tradit
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stakeholder led partnerships (Guile
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Defarges, P M (1996), Les organizat
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Rubenson K (2006), Constructing the
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Looking at the organization also we
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[10]Nilles,Jack M.(1974), The Telec
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THE EVOLUTION OF HUMAN RESOURCE DEV
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the treatment meted out by the top
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1.Number of pucca houses doubled fr
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in the rural markets of India‖. I
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Sustainable Development in Educatio
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esponsible citizens, we can economi
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Study of Impact of Green Marketing
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est path forward. The authors have
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pollution tax. While converse may n
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established which started as privat
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Principles of Sound lending The ban
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Mithila State Dr. Prem Chandra Thak
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(Jatasankar jha PP59 Beginning of m
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Leadership to manage Emotions in He
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will to pursue it through the devel
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thing to do.” There are a few oth
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Blake, R. and McCanse, A.A. (1991),
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and hence considered the most impor
Page 54 and 55: % of Respondents Percentage of Resp
Page 56 and 57: S.No Income (Rs.) Average monthly f
Page 58 and 59: Bibliography [1] Binu Mathew (2006)
Page 60 and 61: Knowledge evolves over time with ex
Page 62 and 63: The cycle works as follows: A. Figu
Page 64 and 65: of companies listed on Jakarta Isla
Page 66 and 67: [4] R. Ball and P. Brown. "An empir
Page 68 and 69: CKK‟s Advertisement Intervention
Page 70 and 71: Another significant feature of the
Page 72 and 73: Psychological Science [A Journal of
Page 74 and 75: • Have a personal action plan for
Page 76 and 77: • But all the units of the organi
Page 78 and 79: Role of Supply chain in successful
Page 80 and 81: POPULATION, SAMPLING AND SAMPLING S
Page 82 and 83: REFERENCES 1. Ademeso, O.S.and Wind
Page 84 and 85: Table-2:ANOVA Test - Type of owners
Page 86 and 87: Levels of Human Resource Developmen
Page 88 and 89: Area of Moderate backwardness As ma
Page 90 and 91: Criminal Code of Thailand, B.E. 249
Page 92 and 93: In phase 6, the validation will be
Page 94 and 95: 1. Risk factors research Reduce fra
Page 96 and 97: Supply chain management is an integ
Page 98 and 99: . B. Raja Shekar, GVRK Acharyulu, L
Page 100 and 101: other words, it simply means a plan
Page 102 and 103: and encourages communalism which is
Page 106 and 107: confinement of the research. Thirdl
Page 108 and 109: sentence in India. Adequate safegua
Page 110 and 111: amount of compensation from the Sta
Page 112 and 113: in Joginder Kumar Singh case. It is
Page 114 and 115: 111 TABLE 1. DISTRIBUTION OF WORKER
Page 116 and 117: Appraisal system of the company pay
Page 118 and 119: ITC Limited has a long history of a
Page 120: CONCLUSION The survey indicated tha
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