Title: Forced Migration, COVID-19 And Structural Determinants Of Vulnerability: Exploring Sexual And Reproductive Health And Gender-Based Violence Among Refugee Women
N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals Volume 5 Issue 8 2022 Page 1-6
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N. Raj Kumar ; Kamble Shivadayal . "Design of Fault Tolerance Parallel FFT’s Using Xilinx 14.5v" Iconic Research And Engineering Journals, 5(8)
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[1]All India Survey on Higher Education 2018-19, Department of Higher Education, Ministry of Human Resource Development (2019). See: https://www.education.gov.in/sites/upload_files/mhrd/files/statistics-new/AISHE%20Final%20Report%202018-19.pdf.
[2]Government expenditure on education, Data, World Bank. See: https://data.worldbank.org/indicator/SE.XPD.TOTL.GD.ZS.
[3]Budget wish list: Allot at least 2% of GDP toR&D, Financial Express, Feb 1, 2021.
[4]National Education Policy 2020, Ministry of Human Resource Development, Government of India. See: https://www.education.gov.in/sites/upload_files/mhrd/files/NEP_Final_English_0.pdf.
[5]The 17 Goals, Department of Economic and Social Affairs Sustainable Development, United Nations. See:https://sdgs.un.org/goals.
[6]The General Agreement on Trade in Services (GATS): objectives, coverage and disciplines, World Trade Organization. See: https://www.wto.org/english/tratop_e/serv_e/gatsqa_e.htm.
[7]Ananya Bhardwaj, Police register cheating case against IIPM dean Arindam Chaudhuri, Hindustan Times, May 12, 2015.
[9]All India Survey on Higher Education 2018-19, Department of Higher Education, Ministry of Human Resource Development (2019). See: https://www.education.gov.in/sites/upload_files/mhrd/files/statistics-new/AISHE%20Final%20Report%202018-19.pdf.
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Citation
[1] Rapporteur’s Digest on Freedom of Religion or Belief accessed 1 May 2022.
[3] Nicolas Bratza, ‘The “Precious Asset“: Freedom of Religion under the European Convention on Human Rights’ in Mark Hill (ed), Religion and Discrimination Law in the European Union (European Consortium for Church and State Research, 2012) 22.
[4] R v Drug Mart Ltd (1984) 5 DLR (4th) 121 (in which the Lord’s Day Act and Sunday observances was an issue).
[5] Christian Education South Africa v Minister of Education [2001] 1 LRC 441, 36
[6] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 9.
[7] Kokkinakis v Greece, 14307/88 Eur Court HR (25 May 1993), 31.
[8] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 9.
[10] See, eg, X v Austria, (8652/79) Eur Court HR (15 October 1981) DR 26 (concerning the Moon Sect), X v United Kingdom (7291/75) Eur Court HR (4 October 1977) DR11 (concerning the Wicca faith).
[11] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 9.
[12] See, eg, Arrowsmith v the United Kingdom (1978) DR 19 page 5. For example belief in assisted suicide does not fall within art 9 as demonstrated in Pretty v the United Kingdom (2346/02) ECHR Reports 2002-III.
[13] Dogru v France (27058/05) ECHR, Chamber (4 December 2008), 47.
[14]Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15, 10.
[15] Ahmad v United Kingdom (1981) 4 European Human Rights Reports 126, 11, in which a schoolteacher employed by a local authority claimed that he was forced to resign from his full-time post because he was refused permission to attend a mosque for the purposes of worship during hours of employment.
[16] Kalaç v Turkey (1997) IV Eur Court HR 1199, 27.
[17] ?ahin v Turkey (44774/98) Eur Court HR, Grand Chamber (10 November 2005), 105-106.
[18] See, R (on the application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15, 26; Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15.
[19]Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15.
[20] Karaduman v Turkey (1993) 74 DR 93 (Eur Comm HR); Kalaç v Turkey (1997) 27 European Human Rights Reports 552.
[21] R (on the application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15.
[22] It should be noted that the Grand Chamber judgment in ?ahin v Turkey had not been decided at the time of the Court of Appeal decision in the Begum case
[23] The Queen on the application of Shabina Begum (through her litigation friend Mr Sherwas Rahman) v The Headteacher and Governors of Denbigh High School [2004] EWHC 1389 (Admin).
[24] The Queen on the application of SB v Headteacher and Governors of Denbigh High School [2005] EWCA Civ 199.
[25] R (on the application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15
[28] Kokkinakis v Greece (14307/88) Eur Court HR (25 May 1993), 32.
[29] ?ahin v Turkey no (44774/98) Eur Court HR, Grand Chamber (10 November 2005) (Tulkens J), 8.
[30] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15.
[32] Handyside v the United Kingdom, 7 December 1976 cited in Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15, 32.
[33] See, eg, ?ahin v Turkey (44774/98) Eur Court HR, Grand Chamber (10 November 2005), 122.
[34] Dahlab v Switzerland (2001) V Eur Court HR 449, 14.
[35] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15, 32.
[39] Jim Murdoch, Freedom of Thought, Conscience and Religion. A Guide to the Implementation of Article 9 of the European Convention on Human Rights (2007), 15, 55.
[40] ?ahin v Turkey (44774/98) Eur Court HR, Grand Chamber (10 November 2005), 165.
[42] ‘School Bans Catholic Girl From Wearing Crucifix’, Catholic News Agency, 15 January 2007, at 3 June 2007.
[43] An iron bracelet commonly worn on the right arm as a symbol of humility and eternity. See also R (on the application of Watkins-Singh) v Aberdare Girls High School [2008] EWHR 1868 (Admin).
[44] School bans Christian chastity rings but allows Muslim and Sikh symbols. See also R (on the application of Playfoot) v Governing Body of Millais School [2007] ELR at 3 June 2007.
[45] Dogru v France (27058/05) Eur Court HR, Chamber (4 December 2008), 32.
[46] Dogru v France (27058/05) Eur Court HR, Chamber (4 December 2008), 31.
[47] Ingvill Plesner, (2005) ‘The European Court on Human Rights between Fundamentalists and Liberal Secularism. (Paper presented at a seminar on The Islamic Headscarf Controversy and the Future of Freedom of Religion or Belief, Strasbourg, July 2005) at 3 May 2007.
[48] Samantha Knights, ‘Religious Symbols in the School: Freedom of Religion Minorities and Education’ (2005) 25 European Human Rights Law Review 499.
[49] Elaine Thomas, ‘Keeping Identity as a Distance: Explaining France’s New Legal Restrictions on the Islamic Headscarf’ (2006) 29 Ethnic and Racial Studies 2, 237.
[50] R (on the application of Begum) v Headteacher and Governors of Denbigh High School [2006] UKHL 15, 9–14.
[51] Dogru v France (27058/05) Eur Court HR, Chamber (4 December 2008), 62.
[52] ?ahin v Turkey (44774/98) Eur Court HR, Grand Chamber (10 November 2005), 114
[53] Dogru v France (27058/05) Eur Court HR, Chamber (4 December 2008), 72.
[54] M Todd Parker, ‘The Freedom to Manifest Religious Belief: An Analysis of the ICCPR and the ECHR’ (2006) 17 Duke Journal of Comparative and International Law 91, 91.
[55] It is not the purpose nor is it within the scope of this article to give due consideration to a comprehensive discussion on secularism. For a thorough discussion on this matter see Michel Troper, ‘French Secularism or Laïcité’ (2000) 2 Cardozo Law Review 1269
[56] Nicholas Gibson, ‘An Unwelcome Trend: Religious Dress and Human Rights Following Leyla Sahin v Turkey’ (2007) 25(4) Netherlands Quarterly of Human Rights 616.
[64] Dogru v France (27058/05) Eur Court HR, Chamber (4 December 2008), 66, ?ahin v Turkey (44774/98) ECHR, Grand Chamber (10 November 2005), 114.
[65] For a comprehensive and insightful discussion on secularism in different states, see Aernout Nieuwenhuis, ‘State and Religion, Schools and Headscarves, An Analysis of the Margin of Appreciation as Used in the Case of Leyla ?ahin v Turkey’ (2005) 1 European Constitutional Law Review 495.
[66] Justin Vaïsse, Veiled Meaning: The French Law Banning Religious Symbols in Public Schools (2004) The Brookings Institution at 7 November 2006
[67] Dahlab v Switzerland (2001) V Eur Court HR 449, 15
[68] ?ahin v Turkey (44774/98) Eur Court HR, Grand Chamber (10 November 2005), 111.
[1]Raghavan Iyer, The Moral and Political Writings of Mahatma Gandhi: Civilization, Politics, and Religion, Vol. 1 (1986)
[2]Milan Vaishnav, When Crime Pays: Money and Muscle in Indian Politics, New Haven: Yale University Press, 2017.
[3] The Russian Orthodox Church is determined to reclaim control of the Ukrainian churches and restore its hold over the holiest sanctuary of Orthodoxy in Slavic nations. With Ukrainian President Volodymyr Zelenskyy calling on every able-bodied male to protect their country and national identity, a few Archbishops in Ukraine argue that Ukrainians should 'pray for peace, not victory.' Pro-Russian congregations address pacifist beliefs, deterring their members from resisting the Russian invasion. Religious preaching has thus, become a tool of war. The stakes are raised for Moscow because if all Ukrainian preachers bond together, Moscow's Patriarch may lose his hegemony in Orthodox Christianity. While the Kyiv Constitution of 1966 divides the Church and the State, Moscow's Constitution does not. As a result, while Putin aspires to construct the independent Republic of Donbas, which is spiritually linked to the Russian Orthodox Church, his true goal is to gain control of the rest of Ukraine. On the other hand, the Church strives to eradicate any progressive, Western influence over Orthodox Christianity, to prevent the collapse of Ukraine's civilization. Putin, in 2022, morphed the soft power, into a full-blown war, with the support of his Religious Politician, Patriarch Kirill.
John P. Burgess, The role of Religion in Russia’s war on Ukraine, 8th March 2022, Available here [Last accessed on 31st March 2022]
[4] The Taliban have consistently maintained that their reign is only transitory. They declare that their purpose is to establish, not to rule, an Islamic state. Their continued use of "Acting" titles, such as Acting Foreign Minister, reflects this. They convince critics of their government that the need to bring order to society justifies their enforced laws, and that desperate times necessitate tough measures. They claim publicly that education for all is an Islamic duty. The Taliban say that their rule is based on Islamic law. Early in 1999, they announced that they were working on a new constitution based on Islamic law, sharia: the Koran, the Suna, and Hanafi jurisprudence. The young military soldiers are attempting to return to a normal life that they have never experienced. Despite the fact that this goal is in many ways entirely unrelated to Islam, the "traditional" existence has become a spiritual ideal that justifies all measures used to achieve it.
SARAH PROSSER, Taliban Dogma, and Power: Looking for the Sources, Available here.
[5] Communalism is understood as blind allegiance to one’s religion and culture. In India, communalism assumes that it is a country fundamentally divided into several religions, which not only differ but may also be opposed to one another. The term communalism has inherent negative connotations, associated with violence and socially regressive acts. Internal communism in India relates to the dominant power of the majority Hindu community. Communal minds accord the extreme and most superior status to their religion, without any accommodations made for the minorities. This might become dangerous in the sense that it leads to a fascist rule of the majority, alienating the minorities, and equating Nationalism with allegiance loyalty to a particular religion.
Pritam Singh, Institutional Communalism in India, 28 Economic and Political Weekly (11th June 2015). Available here. [Last accessed on 3rd April 2022]
[6] The Constitution of India, refers to it as India, that is Bharat, making Bharat synonymous with India. However, various scholars argue that it has religious connotations that favor the majoritarian community of India. The word Bharat has been derived from the Sanskrit language and gets its references from Hindu religious scriptures such as the Puranas and Mahabharata. The Hindus feel more comfortable referring to India as Bharat, leading to the movement for changing the official name of the nation to Bharat. The minority on the other hand is being forced into chanting slogans such as Bharat Mata ki Jai, which idolises the nation, thereby going against the religious faith of the Muslims.
Shweta Chopra, Why ‘Bharat’, ‘India’ And ‘Hindustan’ Evoke Different Emotions, Youth ki Awaaz, 24th May 2017, Available here. [Last accessed on 3rd April 2022]
[7] Hinduism: The Struggle for Independence, Britannica, Available here.
[8]Sekhar Bandyopadhyay, Decolonization in South Asia: Meanings of Freedom in Post-independence West Bengal (2009)
[9]Karl Marx, A Contribution to the Critique of Hegel’s Philosophy of Right,(Deutsch-Franzosische Jahrbucher, 1884)
[10] Krishna Roy, Indian Secularism – Distinctive Ideas of Jawaharlal Nehru, page 41, Available here.
[11] The Constitution (Forty Second Amendment) Act, 1976, §2(a)
[12] Minhaz Merchant, The politics of religion, India Today 11th December 2015, Available here.
[13] What began with a citizen, Shah Bano Begum, exercising her Fundamental Right to petition the court, turned into a pervasive political conundrum with far-reaching implications. In 1985, the Supreme Court upheld the lower courts' ruling and ordered Shah Bano's husband to pay her maintenance under Indian law's alimony clause, which applies to all religions. Even though her husband had divorced her after 43 years of marriage, the amount involved was a pittance — Rs 179. Since Muslim law only dealt with maintenance during iddat, which in Bano's instance was only a few months, lifetime alimony was a bit of a hazy area. Despite this, the Supreme Court went on and awarded Bano regular maintenance under the secular Alimony law, citing the "teachings of the Koran."
Mohd. Ahmed Khan vs Shah Bano Begum, 1985 AIR 945
[14]IANS, Unlocking of Babri Masjid was a 'balancing act' post-Shah Bano case, Business standard 6th August 2019, Available here. [ Last accessed on 1st April, 2022]
[15] Shashi Tharoor, Veer Savarkar: The man credited with creating Hindutva didn’t want it restricted to Hindus, The Print 26th February 2018, Available here. [Last accessed on 1st April 2022]
[17] Smriti Kak Ramachandran, BJP’s UP playbook takes religious tone to counter caste divide, Hindustan Times, 3rd January 2022, Available here. [Last accessed on 1st April 2022]
[18] Heewon Kim, Understanding Modi, and Minorities: the BJP-led NDA Government in India and Religious Minorities, University of London. Available here.
[19]AFP, Yogi Adityanath — India's anti-Muslim priest and possible future PM, Dawn, 8th February 2022, Available here.
[20] Several Indian states with the BJP government, including Uttar Pradesh, have introduced legislation to prohibit inter-religious marriages wherein the men lure women by their Traps of love. Even though the law is worded neutrally, it puts unparalleled scrutiny on Muslim men who marry Hindu girls. This is an attempt by the BJP to further victimise the Muslims, under the garb of secular law. Several right-wing vigilante groups (notably including the RSS, and the Hindu Yuva Vahini, founded by Yogi Adityanath, the biggest supporter of the law) work with the police to break such inter-caste marriages, threatening the secular character of India. This also undermines the agency of women, reducing them to individuals who can easily be trapped.
Apoorva Anand, India’s ‘love jihad’ laws: Another attempt to subjugate Muslims, Aljazeera 15th January 2021. Available here. [Last accessed on 3rd April 2022]
[21] The Citizenship Amendment Act (CAA) opens up citizenship rights for the illegal migrants from Pakistan, Bangladesh, and Afghanistan who belong to the Hindu, Sikh, Buddhist, Parsi, and Christian communities, and have left their country in fear of persecution. However, this right has not been extended to the Muslims living in India. The government has reasoned this as, the three countries are Muslim-majoritarian countries and thus, the Muslims face no threat in their homelands. However, this argument of the government is unfounded, because, this might not be the practical truth, especially with the current political developments. For example, with the Taliban taking over Afghanistan, several Muslims also run a risk of losing their lives, if they do not accept the radical Islamic approach undertaken by them.
Elizabeth Seshadri, CAA and the Devaluation of Secular India, The Hindu Centre, 12th February 2020, Available here. [Last accessed on 3rd April 2022]
[22] Ghar Waapsi literally translates to homecoming and means the return of Indian Christians and Muslims to the Hindu Community. While this program was started in 1895, it has regained prominence under the governance of Yogi AdityaNath. The UP Chief Minister claimed that until conversion of faith was banned, such ghar waapsi camps would continue. He justifies the act by saying that the Hindu community is a safe place for all, especially for the womenfolk, and it protects each religious sect, thereby negating any need for conversion from Hinduism in the first place. While several BJP leaders have been ashamed of such acts, Yogi Adityanath continues to base his politics along religious lines.
Alok Pandey, To Fight Radicalisation, Adityanath Government Has A Plan: Ghar Wapsi, NDTV, 27th April 2017. Available here. [Last accessed on 3rd April 2022]
[23] Office of the Registrar General & Census Commissioner, India, 2011 Census Data, All India Religion Census Data
[24] David O’Reilly, Exploring Religion and Identity Politics in India, PEW 3rd March 2022, Available here.
[25] Kesavananda Bharati v. the State of Kerala, Writ Petition (civil) 135 of 1970
[26]Model Code of Conduct for the Guidance of Political Parties and Candidates, General Conduct, §1 & §3
[27] The Hindu International Edition (4 September 1993), p. 4.
[28] Krishna K. Tummala, Religion and Politics in India, Asian Journal of Political Science (Vol. 1 No. 2 1993) Available here.
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[1] C.K Takwani, Civil Procedure and Limitation, 8th Edition, 2019