INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS

GENDER INEQUALITIES IN SRI LANKA: A CRITICAL ANALYSIS OF WOMEN’S PROPERTY RIGHTS IN THESAWALAMAI BY - E.M.Y.G.EKANAYAKA

Authors: E.M.Y.G.EKANAYAKA

Registration ID: 10540B Published Paper ID: IJLRA540B

Year : Feb-2021 | Volume: 1 | Issue: 9

Approved ISSN : 2582-6433 | Country : Delhi, India

Page No :12 | No of times Downloads: 0065

“ANALYSING APPLICATION OF LAW- RETROSPECTIVE EFFECTS AND CREATION OF LAW FOR SPECIFIC AREAS.” BY - ARINDAM MISHRA

Authors: ARINDAM MISHRA

Registration ID: 10577U Published Paper ID: IJLRA577U

Year : April -2021 | Volume: 1 | Issue: 9

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: arindam06mishra@hotmail.com

Page No :11 | No of times Downloads: 0065

AN ANALYTICAL STUDY OF AFSPA IN CONTEXT OF PROCEDURAL AND INVESTIGATIVE POWERS BY: GAURAV

Authors: GAURAV

Registration ID: 10575G Published Paper ID: IJLRA575G

Year : April -2021 | Volume: 1 | Issue: 9

Approved ISSN : 2582-6433 | Country : Delhi, India

Email Id: gaurav@nluassam.ac.in

Page No :17 | No of times Downloads: 0065

International journal for legal research and analysis

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[1] Lecturer, LL.B. (Hons)(Colombo), LL.M.(Col), Attorney-at-Law

[3]Anca Gheaus, “Gender Justice” , Journal of Ethics & Social Philosophy, Vol 6 No.1(2011 -2012)

[4] Article 6 of Matrimonial Rights and Inheritance Ordinance No. 1 of 1911 (Jaffna) - “[…]with his written consent in the case of immovable, but not otherwise or by last will without consent.."

[5] Kamala Nagendra, Matrimonial Property and Gender Inequality – A Study of THESAWALAMAI , A Stamford Lake Publication (2008)

[7] Article 2 - UDHR

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.

[8]Article 17- UDHR

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

[9] Article 2 - CEDAW

(f) To take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women;

[10] Article 12(2) of the Constitution 1978 – “ No citizen shall be discriminated against on the grounds of race, religion, language, cast, sex, political opinion, place of birth or any one of such grounds:”

[11]http://www.ohchr.org/ “Using CEDAW to Secure Women’s Land and Property Rights: A Practical Guide” accessed on 20/ 03/ 2020

[12] Nicola Lacey, Feminist Legal Theory and the Rights of Women, Oxford University Press (2004)

[13]R. Kapur and B Cossman, Feminist Legal Revisions: Women, Law and Social Change, New Delhi: Sage Publications,(1994)

[14] Nicola Lacey, Feminist Legal Theory and the Rights of Women, Oxford University Press (2004)

[15]Rose Wijeysekere, “Feminist Legal Theory” (LLM Lecture, 2016).

[16]Nicola Lacey, Feminist Legal Theory and the Rights of Women, Oxford University Press (2004)

[21] Kamala Nagendra, Matrimonial Property and Gender Inequality – A Study of THESAWALAMAI, A Stamford Lake Publication (2008)

[22] Rose Wijeysekere, “Women and Economic, Social and Cultural Rights” (LLM Lecture, 2016).

[23]Article 17- UDHR

(1) Everyone has the right to own property alone as well as in association with others.

(2) No one shall be arbitrarily deprived of his property.

[24] Article 7 (I)-Women’s Charter

The State shall work towards taking all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations in particular and shall work towards ensuring, on basis of equality of men and women:-

[26] Concluding observations of the Committee on the Elimination of Discrimination against Women, forty eight session, 17January – February 2011

[27] Shayamala Gomez, “Concluding observations of the Committee on the Elimination of Discrimination against women” (LLM Lecture, 2016)

[28]http://www.ohchr.org/ “Using CEDAW to Secure Women’s Land and Property Rights: A Practical Guide” accessed on 20/ 03/ 2020

[2] Reeve T Bull, BUILDING A FRAMEWORK FOR GOVERNANCE: RETROSPECTIVE REVIEW AND RULEMAKING PETITIONS, 67 Adm. Law Rev. 265–319 (2015), http://jguelibrary.informaticsglobal.com:2074/stable/24475490.

[3] Deepa Kansra, RETROSPECTIVITY OF JUDICIAL INTERPRETATION OF PENAL STATUTES, 51 Journal of the Indian Law Institute 250–266 (2009).

[5] T. Barai vs Henry Ah Hoe 1983 AIR 150, 1983 SCR (1) 905

[6] Aashish Aryan, Retrospective taxation: the Vodafone case, and the Hague court ruling, The Indian Express (2020), https://indianexpress.com/article/explained/retrospective-taxation-the-vodafone-case-and-the-hague-court-ruling-6613799/ (last visited Dec 14, 2020).

[7] Pralhad Krishna Kurane vs The State Of Bombay, 1952 A.I.R. Bom 1.

[8] Let the good (or safety) of the people be the supreme (or highest) law.

[9] A D Woozley, What Is Wrong With Retrospective Law?, 18 Philos. Q. 40–53 (1968), http://jguelibrary.informaticsglobal.com:2074/stable/2218027.

[10] "Hear the other side". This is a strong principle that no person shall be judged without a fair hearing.

[12] Uma Narayan, Sources of Indian Legal Information, 7 Legal Information Management 133–139 (2007).

[13] Justice Madan B. Lokur (Retd.), “Judiciary And Social Justice, Dignity And Personal Liberty, Human Rights And Frights”: Justice Madan Lokur (2020), https://www.livelaw.in/columns/judiciary-and-social-justice-dignity-and-

[14] Sharp Fall in Citation of Supreme Court Judgments by Foreign Courts After 2014, Study Finds, The Wire, https://thewire.in/law/supreme-court-foreign-citations-study (last visited Dec 14, 2020).

[15] Sanjeev Verma, UAPA Act: Why UAPA cases fall flat in courts - Times of India, The Times of India, https://timesofindia.indiatimes.com/india/why-uapa-cases-fall-flat-in-courts/articleshow/77191240.cms (last visited Dec 14, 2020).

[16] “the burden of the proof lies upon him who affirms not he who denies”, is the principle that a person is considered innocent unless proven guilty.

[17]International Military Tribunal for the Far East, R Pal & S Araki, The United States of America and Others Vs. Araki Sadao and Others: Judgement of the Hon’ble Mr. Justice Pal, Member from India (1948), https://books.google.co.in/books?id=brJxAQAACAAJ.

[1] Bharti Jain, AFSPA removed from Meghalaya after 27 years, Times of India (24/04/2018), available at http://timesofindia.indiatimes.com/articleshow/63887983.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst https://timesofindia.indiatimes.com/india/afspa-removed-from-meghalaya-after-27-years-assam-too-may-reduce-afspa-area/articleshow/63887983.cms, last seen on 15/01/2021.

[3] Special Corrospondent, AFSPA extended in Nagaland, The Hindu (30/12/2019), available at https://www.thehindu.com/news/national/other-states/afspa-extended-in-nagaland/article30434509.ece, last seen on 26/01/2021.

[4] Civil Appeal No. 834 of 1980 Letters Patent Appeal No. 108 of 1980.

[7] Sec 130 Crpc – Use of Armed Forces to disperse assembly

(1) If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces.

(2) Such Magistrate may require any officer in command of any group of persons belonging to the armed forces to disperse the assembly with the help of the armed forces under his command, and to arrest and confine such persons forming part of it as the Magistrate may direct, or as it may be necessary to arrest and confine in order to disperse the assembly or to have them punished according to law.

(3) Every such officer of the armed forces shall obey such requisition in such manner as he thinks fit, but in so doing he shall use as little force, and do as little injury to person and property, as may be consistent with dispersing the assembly and arresting and detaining such persons.

[13] Naga People’s Movement of Human Rights v. Union of India, 1998 (2) SCC 109.

[15] Section 19, Protection of Human Rights Act, 1993.

[19] Extra Judicial Execution Victim’s Families Association v. Union of India (2013 SC).

[20] Press Trust of India reported this, as the then defence Minister Mr. Rajnath Singh submitted a report to Rajya Sabha, on June 24,2019.

[21] Harwant Singh: Don’t demoralize the soldiers by diluting AFSPA, Hindustan Times (New Delhi, 21/08/2018).

[29] Guwahati High Court (Imphal) WP No. 591 of 1999; Order dated 24 Apr 2001.

GENDER INEQUALITIES IN SRI LANKA: A CRITICAL ANALYSIS OF WOMEN’S PROPERTY RIGHTS IN THESAWALAMAI BY - E.M.Y.G.EKANAYAKA

“ANALYSING APPLICATION OF LAW- RETROSPECTIVE EFFECTS AND CREATION OF LAW FOR SPECIFIC AREAS.” BY - ARINDAM MISHRA

AN ANALYTICAL STUDY OF AFSPA IN CONTEXT OF PROCEDURAL AND INVESTIGATIVE POWERS BY: GAURAV

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GENDER INEQUALITIES IN SRI LANKA: A CRITICAL ANALYSIS OF WOMEN’S PROPERTY RIGHTS IN THESAWALAMAI BY - E.M.Y.G.EKANAYAKA

“ANALYSING APPLICATION OF LAW- RETROSPECTIVE EFFECTS AND CREATION OF LAW FOR SPECIFIC AREAS.” BY - ARINDAM MISHRA

AN ANALYTICAL STUDY OF AFSPA IN CONTEXT OF PROCEDURAL AND INVESTIGATIVE POWERS BY: GAURAV

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