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JUSTICE DELAYED UNRAVELLING THE CONUNDRUM OF JUSTICE DELAYED IS JUSTICE DENIED BY - PRIYA JAISWAL

Authors : PRIYA JAISWAL

Registration ID : 106558 Published Paper ID: IJLRA6558

Year : Dec-2023 | Volume : II | Issue : 7

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PUNISHMENT UNDER JUVENILE JUSTICE: A COMPARATIVE STUDY IN INDIA AND THE UNITED STATES BY - ANURAG SIGOTIYA

Authors : ANURAG SIGOTIYA

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A FEMINIST PERSPECTIVE OF WOMEN’S INTELLECTUAL PROPERTY RIGHTS AND DRAWBACKS IN COPYRIGHT LAWS BY - ANEESA NAHAN

Authors : ANEESA NAHAN

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WRONGFUL CONVICTION IN THE CRIMINAL JUSTICE SYSTEM: A COMPREHENSIVE ANALYSIS BY - VINAY TYAGI

Authors : VINAY TYAGI

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IMPACTS OF GLOBALIZED INJUSTICE: A COMPREHENSIVE ANALYSIS OF FORCEFUL MIGRATION BY: SAKSHAM SHARMA & VINAY TYAGI

Authors : SAKSHAM SHARMA & VINAY TYAGI

Registration ID : 106553 Published Paper ID: IJLRA6553 & IJLRA6554

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ANALYSING ECJ’S 2021 PRELIMINARY RULING ON WEARING OF ISLAMIC HEADSCARF IN THE WORKPLACE BY - VAANYA SANGWAN

Authors : VAANYA SANGWAN

Registration ID : 106552 Published Paper ID: IJLRA6552

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CONCEPT OF COLLECTIVE BARGAINING BY - KUBER VALECHA

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Registration ID : 106551 Published Paper ID: IJLRA6551

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CHANGING NATURE OF THE PROPERTY FOR ITS USAGE IN CONTEMPORARY HINDU SOCIETY: A SOCIO-LEGAL STUDY BY - VIKAS KUMAR

Authors : VIKAS KUMAR

Registration ID : 106550 Published Paper ID: IJLRA6550

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UNRAVELING THE LEGAL SEASCAPE: A RIGOROUS EXAMINATION OF PIRACY LAWS BY - NANDINI KABRA

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Registration ID : 106549 Published Paper ID: IJLRA6549

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HUMANITARIAN RELIEF IN TIMES OF WAR AN ISLAMIC PERSPECTIVE ON COMPASSION, JUSTICE, AND SOLIDARITY BY - IHSAAN MEERA E

Authors : IHSAAN MEERA E

Registration ID : 106548 Published Paper ID: IJLRA6548

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[1] Shreemh Agarwal, Justice Delayed is Justice Denied, Law Gurukul (June 7, 2021)

[2] Manisha Kumari, Justice Delayed is Justice Denied: Status of Indian Judicial System, Nyaayshatra Law Review, Volume II, PP. 02 (2021)

[4] Vinod Kumar Menon, Justice delayed, justice denied: Pending legal cases in India cross over 4.41 crore, Mid-Day (July 15, 2023)

[5] Justice Delayed Justice Denied, Essay for the Judicial Services Exam https://www.jurisacademy.com/justice-delayed-justice-denied

[6] Krishnadas Rajagopal, Supreme Court closes wrestlers’ case even as Delhi Police promises ‘impartial’ probe, The Hindu (May 04, 2023)

[9] Semwal, M. M., and Sunil Khosla, Judicial Activism, The Indian Journal of Political Science, Volume. 69, No. 1, PP. 113–26, JSTOR (2008)

[10] Samriddhi Amrita Mishra, Justice Delayed is Justice Denied, Legal Services India E-Journal https://www.legalserviceindia.com/legal/article-3313-justice-delayed-is-justice-denied.html

[11] Gautam Bhattacharya, The Power of the PIL, The Telegraph Online (January 10, 2023) https://www.telegraphindia.com/opinion/the-power-of-the-pil-justice-delayed-is-justice-denied-remains-relevant-today/cid/1908915

[12] Roe, Gilbert E., et al, Social Justice and the Courts, The Yale Law Journal, Vol. 22, No. 1, 1912, PP. 19–29, JSTOR, https://doi.org/10.2307/783947

[13] Justice delayed is Justice Denied: All is not well in the Supreme Court, Bar, and Bench (January 06, 2022) https://www.barandbench.com/columns/all-is-not-well-supreme-court-justice-delayed-is-justice-denied

[14] Shreya Bhadauria, Justice Delayed is Justice Denied, International Journal of Law Management and Humanities, Volume 4, Issue 4, PP.254 (2021)

[1] For feminist jurisprudence based on diversity rather than universality: see Bartlett, Feminist Legal Methods, 103 Harv. L. Rev. 831 (1990); Scales, The Emergencies of Feminist Jurisprudence: An Essay, 95 Yale L.J. 1373 (1986); Rhode, Feminist Theories, 142 Stan. L. Rev. 617

[2] See Rhode, Gender and Jurisprudence, an Agenda for Research 56 UCINN. L. Rev. 521, 522 (1987).

[3] See Indian Copyright Act, 1957, § 22, according to which term of copyright extends to 50 years after author's death.

[6] Joost Smiers, Creative Improper Property: Copyright and the Non-Western World, New Directions in Copyright Law, Vol. 1, 1, 6 (Fiona MacMillan ed., 2005).

[7] White Music Publishing Co. v. Apollo Co., 209 U.S. 1 (1908).

[9] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[10] Traditional knowledge refers to the knowledge and innovations of the indigenous and local communities, which are often collectively owned and transmitted orally from generation to generation in the form of stories, songs, folklore, local languages, etc.

[11] See Bryan Bachner, Facing the Music: Traditional Knowledge and Copyright, 12 No. 3 Hum. Rts. Brief 9 (2007); Ruchira Goswami & Karubakee Nandi, Naming the Intellectual Property Rights of Women Artists from India, 16 Am. U.J. Gender Soc. Pol'y & L. 257 (2007).

[12] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[13] K.J. Greene, Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues, 16 Am. U.J. Gender Soc. Pol'y & L. 365 (2008).

[14] See Storylines: Conversations with Women Writers, (Ammu Joseph et al. eds., 2003); Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006); Ann Bartow, Fair Use and the Fairer Sex: Gender, Feminism, and Copyright Law, 14 Am. U.J. Gender Soc. Pol'y & L. 551 (2006).

[15] See Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006).

[16] Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006).

[17] See Ruchira Goswami & Karubakee Nandi, Naming the Intellectual Property Rights of Women Artists from India, 16 Am. U.J. Gender Soc. Pol'y & L. 257 (2007).

[18] 18 John Rawls, A Theory of Justice, in Lloyd's Introduction to Jurisprudence 566 (2001); race-specific patents may be mechanism to bring substantive equality, see generally Shubha Ghosh, Race-Specific Patents, Commercialization, and Intellectual Property Policy, 56 Buff. L. Rev. 409 (2008).

[19] John Rawls, A Theory of Justice, in Lloyd's Introduction to Jurisprudence 566 (2001).

[20] Martha Nussbaum, Human Rights and Human Capabilities, 20 Harv. Hum. Rts. J. 21 (2007).

[21] Ann Bartow, Fair Use and the Fairer Sex: Gender, Feminism, and Copyright Law, 14 Am. U.J. Gender Soc. Pol'y & L. 551 (2006).

[22] K.J. Greene, Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues, 16 Am. U.J. Gender Soc. Pol'y & L. 365 (2008).

[23] See Ruchira Goswami & Karubakee Nandi, Naming the Intellectual Property Rights of Women Artists from India, 16 Am. U.J. Gender Soc. Pol'y & L. 257 (2007).

[24] Joan Williams, Deconstructing Gender, 87 Mich. Law Review 797 (1989).

[25] Joan Williams, Deconstructing Gender, 87 Mich. Law Review 797 (1989).

[26] Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006).

[27] Beatrice Kachuck, Feminst Social Theories: Theme and Variations in Sociology of Gender 68 (2003).

[28] Marion Crain, Feminism, Labor, and Power, 65 S. Cal. L. Rev. 1819 (1992)

[29] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[30] Marion Crain, Feminism, Labor, and Power, 65 S. Cal. L. Rev. 1819 (1992); She argues that the feminist way of management is transformation (as opposed to the patriarchal transactional way) and their management structure is a web expanding in circular fashion in contrast to the patriarchal hierarchical pyramid. This facilitates inclusion as well as power and information sharing.

[31] Marion Crain, Feminism, Labor, and Power, 65 S. Cal. L. Rev. 1819 (1992).

[32] See, e.g., SUSAN CASEY, WOMEN INVENT: TWO CENTURIES OF DISCOVERIES THAT HAVE SHAPED OUR WORLD (1997) (tracing the process of invention through the stories of several female inventors); ANNE L. MACDONALD, FEMININE INGENUITY: WOMEN AND INVENTION IN AMERICA (1992) (examining American women inventors' work from colonial times to the present, with an emphasis on patents held by women); see also AUTUMN STANLEY, MOTHERS AND DAUGHTERS OF INVENTION: NOTES FOR A REVISED HISTORY OF TECHNOLOGY xxi (1993) (broadening the discussion on what constitutes invention and inventors by focusing on "women's contributions to human technology" and "revising the received definition of technology").

[33] See, e.g., MACDONALD, supra note 21, at 3 ("Even after English King George I acknowledged the critical role that colonist Sybilla Masters played in the development of Pennsylvania's economy by citing her as the inventor of the new way 'for cleaning and curing the Indian corn growing in several colonies in America,' he nonetheless issued the patent itself to her husband, Thomas Masters.").

[34] 23. See FARAG MOUSSA, WOMEN INVENTORS HONOURED BY THE WORLD INTELLECTUAL PROPERTY ORGANIZATION 15-16 (1991) ("The classical image of an inventor is always, exclusively, male.... This book has one message, and it is an important one: creativity knows no frontier, no age and above all ... no gender.") (second ellipsis in original).

[35] Convention on the Elimination of All Forms of Discrimination Against Women, Dec. 18, 1979, 1249 U.N.T.S. 13 (entered into force Sept. 3, 1981) [hereinafter CEDAW].

[38] Surendra J. Patel, Can the Intellectual Property Rights System Serve the Interests of Indigenous Knowledge? in VALUING LOCAL KNOWLEDGE: INDIGENOUS PEOPLE AND INTELLECTUAL PROPERTY RIGHTS, supra note 45, at 305, 306.

[39] See, e.g., Tumusiime, supra note 65. Possible roadblocks to making direct remuneration for the products of women's traditional knowledge plausible and just include: 1) concretely identifying the makers or authors of the knowledge; 2) distributing the earnings fairly; and 3) making sure that eamings are not simply appropriated by men (a very real danger in highly patriarchal traditional societies).

[40] MARGARET J. RADIN, CONTESTED COMMODITIES 2 (1996). See also Phillips, supra note 60, at 370-77 (applying commodification theories, including Radin's, to the case study of the quilters of Gee's Bend). For a discussion of "heritage as property" and the problems associated with it, see Michael F. Brown, Heritage as Property, in PROPERTY IN QUESTION: VALUE TRANSFORMATION IN THE GLOBAL ECONOMY, supra note 43, at 49.

[41] See, e.g., SHARON BERTSCH MCGRAYNE, NOBEL PRIZE WOMEN IN SCIENCE: THEIR LIVES, STRUGGLES, AND MOMENTOUS DISCOVERIES (1993) (chronicling the lives and work of women who have won the Nobel Prize in the sciences). For a discussion of gender in the natural sciences, see generally Sandra Harding, From the Woman Question in Science to the Science Question in Feminism, in FEMINIST THEORY: A READER 404 (Wendy K. Kolmar & Frances Bartkowski eds., 2d ed. 2005).

[42] See, e.g., Waverly W. Ding, Fiona Murray & Toby E. Stuart, Gender Differences in Patenting in the Academic Life Sciences, 313 ScI. 665, 665 (2006) ("[W]omen faculty members patent at about 40% of the rate of men. We found that the gender gap has improved over time but remains large."). There is a great deal of space for additional research on the gender gap among patent holders, both in the United States and internationally; general conclusions may be drawn from studies like this one, but broader analysis is needed.

[43] See generally GENEVIEVE LLOYD, THE MAN OF REASON: "MALE" AND "FEMALE" IN WESTERN PHILOSOPHY (1993) (tracing the "rational man," theories of reason, and the subjugation of "irrationality" and the feminine through the works of predominantly male Western philosophers).

[45] https: //www.gnu.org/philosophy/pragmatic.en.html, (last accessed on November 28, 2023).

[46] R. Neethu and Zehra Shakeri, My Religion: My ‘Copy’ ‘Right, Journal of Intellectual Property Rights, vol. 18, November 2013, pp 566-575.

[47] Ira V. Heffan, Copyleft: licensing Collaborative Works in the Digital Age, Stanford Law Review, Vol 49.

[48] Severine Dusollier, Open Source and Copyleft: Authorship Reconsidered? 26 Colum. J.L. & Arts 28 (1997) 1.

[49] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[50] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[51] See Severine Dusollier, Open Source and Copyleft: Authorship Reconsidered? 26 Colum. J.L. & Arts 28 (1997) 1.

[52] Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006

[53] Malla Pollack, Towards a Feminist Theory of the Public Domain, or The Gendered Scope of United States' Copyrightable and Patentable Subject Matter, 12 Wm. & Mary J. Women & L. 603 (2006).

[54] Copyleft is a general method for making an item of work free, and requiring all modified and extended versions of the program to be free as well

[55] Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society (EU Copyright Directive), 2001 O.J. (L 167) 10.

[56] William Patry, Limitations and Exceptions in the Digital Era, 7 Indian Journal of Law and Technology 1, 5-7 (2011) (arguing that copyright law ideally evolved to promote creativity, and this not only requires acceptance of the fair use doctrine, but alignment of copyright laws to the current digital environment.)

[57] Joost Smiers, Creative Improper Property : Copyright and the Non-Western Worldin New Directions in Copyright Law, Vol. 1, 1, 1-5 (Fiona MacMillan ed., 2005) (argues that monopolistic exclusivity of cultural industries which is eternal in nature, can be reduced by providing restricted ownership rights. This would lead to normalization of the industry, thereby allowing smaller players and artists to enter the market and compete fairly.)

[58] Joan Williams, Deconstructing Gender, 87 Mich. Law Review 797 (1989).

[59] Deborah Rhode, Feminist Critical Theories, 42 Stanford L. Rev. 617 (1990).

[60] Debora Halbert, Feminist Interpretations of Intellectual Property Feminist interpretation, 14 Am. U.J. Gender Soc. Pol'y & L. 431 (2006).

[61] See Marion Crain, Feminism, Labor, and Power, 65 S. Cal. L. Rev. 1819 (1992); which argues how labour unions based on feminine virtues like solidarity are better empowered than labour unions based no patriarchal values of self-interest and lacking a sense of connection and empathy.

[1] https://uniquewritersbay.com/wrongful-convictions-and-how-they-affect-the-criminal-justice-system

[2] https://nij.ojp.gov/topics/articles/addressing-impact-wrongful-convictions-crime-victims

[3] https://www.michiganstatelawreview.org/vol-2021-2022/2022/4/25/the-psychological-consequences-of-a-wrongful-conviction-and-how-compensation-statutes-can-mitigate-the-harms

[4] https://www.the420lawyer.com/marijuana-defense/unreasonable-detention-time/

[5] https://janet-panic.com/what-is-the-brady-list-law-enforcement/

[6] https://hrissues.webnode.page/news/wrongful-convictions/

[8] https://blog.ipleaders.in/rududl-sah-v-state-bihar-1983-case-study/

[9] https://lawyer.ikan.info/legal-rights-and-responsibilities/

[10] https://legalserviceindia.com/legal/legal/article-6774-case-analysis-satbir-singh-v-state-of-haryana.html

[11] https://criminal-justice.iresearchnet.com/criminal-justice-system/wrongful-convictions/

[1] https://www.migrationdataportal.org/themes/forced-migration-or-displacement

[2] https://www.brookings.edu/wp-content/uploads/2016/06/didreport.pdf

[3] https://www.unhcr.org/global-trends-report-2022

[5] https://www.migrationdataportal.org/themes/forced-migration-or-displacement

[6] http://ndl.ethernet.edu.et/bitstream/123456789/65592/1/50.pdf.pdf#page=213

[7] https://www.qeh.ox.ac.uk/blog/exploring-ukraines-displacement-crisis-insights-and-implications

[9] https://reliefweb.int/report/ukraine/forced-displacement-ukraine-notes-humanitarian-protection-and-durable-solutions

[12] https://www.unhcr.org/in/news/stories/forced-displacement-worldwide-its-highest-decades

[13] https://www.unhcr.org/global-trends#:~:text=2014%3A%201.7%20million%20Syrians%20fled%20their%20country.&text=2018%3A%203.2%20million%20people%20fled%20Venezuela%20and%20the%20Syrian%20Arab%20Republic.&text=2022%3A%205.7%20million%20people%20fled,Venezuelans%2C%20also%20fled%20their%20countries.

[14] https://www.internal-displacement.org/global-report/grid2023

[1] Porsson B, ‘Religious dresses and symbols: are religions treated equally by The European Court of Human Rights’ (2016) accessed 5 November 2023

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^{^[8]} Abdelgadir A and Fouka V, ‘France’s Headscarf Ban: The Effects on Muslim Integration in the West ’ (The forum , 14 May 2019) accessed 4 November 2023

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1. Webster comprehensive dictionaiy, International Edition Vol 1, Chicago,1984, p.1011.

2. Melville J Herskovits, ECONOMIC ANTHMPOLOGY THE ECONOMIC LIFE OF PRIMITIVE PEOPLES, 1974, p.314.

4 Vijendra Kumar and Vidhi Singh, “Extinguishing Hindu Joint Family and Mitakshara Coparcenary: A Critique”, 1 CLPR (2018).

5 Rangnath Mishra and Vijender Kumar (rev.), John D. Mayne, TREATISE ON HINDU LAW AND USAGE, 17^th ed. 2014, p. 841.

8 Paras Diwan and Peeyushi Diwan, FAMILY LAW, 4th ed. 1998, p. 259.

9 Raghunadha v. Brozo Kishoro (1876) 3 IA 154; MAYNE, supra note 1, at 820.

10 Bhagwant P. Sulakhe v Digambak Gopal Sulakh And Obs, AIR 1986 SC 79.

11 Shyem Behari v Rameswar Prasad (1941) 20 Pat 904.

12 Commissioner Of Income-Tax v. P.M. Muthuraman Chettiar And Anr. AIR 1967 SC 415.

14 Satyajeet Desai (rev.), D.F. Mulla, PRINCIPLES OF HINDU LAW, Vol. I 18th ed. 2001, pp. 123-126.

15 R K Agarwal. HINDU LAW, 21^st ed. 2003, Central Law Agency, Allahabad.

16 K. Abebul Reddy v. Venkata Narayan, (1984) 3 SCC 447.

24 Vijender Kumar, “Basis and Nature of Pious Obligation of Son to Pay Father's Debt vis-à-vis Statutory Modifications in Hindu Law”, 36 JILI (1994), p. 339.

26 P.V. Kane, HISTORY OF DHARMASASTRA, Vol.III, 2^nd ed. 1972, pp. 560-561.

27 Manomi Babuasin v. Modun Mohun (1885) 13 IA 1, 17-18.

28 Sidheshwar Mukherjee v. Bhubneshwar Prasad Narain Singh, AIR 1952 SC 487, 90.

[2] Volume 2, Brown, E. D., The International Law of the Sea, (Oxford University Press 1994)

[3] 3rd Edition, Churchill, R., & Lowe, A. V., The Law of the Sea, (Huntington, NY: Juris Publishing, Inc, 1999).

[4] Volume 2, O’Connell, D. P., The International Law of the Sea, (Oxford: Oxford University Press, 1982).

[5] Shaw, M. N., International Law, Cambridge, (Cambridge University Press, 1997)

[6] 10th Edition, Starke, J. G., An Introduction to International Law, (New Delhi: Aditya Books, 1994).

[7] John Peppetti, Building the Global Maritime Security Network: A Multinational Legal Structure to Combat Transnational Threats, 55 Naval L. Rev. 73, 87 (2008).

[8] Michael Bahar, Attaining Optimal Deterrence at Sea: A legal and Strategic Theory for Naval Anti-Piracy Operations, 40 Vand. 1. Transnat'l L. I, 12 (2007).

[9] Kelly, M.J., The Pre-History of Piracy as a Crime & Its Definitional Odyssey, 46, 25–42, (Case Western Reserve Journal of International Law, 2013)

[10] Volume 2, O’Connell, D. P., The International Law of the Sea, (Oxford: Oxford University Press, 1982).

[11] Middleton, R., Piracy and Legal Issues: Reconciling Public and Private Interests, p. 28-29, (Conference Report, Chatham House, 2009)

[12] Nandan, S.N., Rosenne, S., (1995); Volume 3, United Nations Convention on the Law of the Sea: a commentary, 1982; Dordrecht: Martinus Nijhof, p.201

[13] Hall, W.E., A Treatise on International Law, p. 302, (Oxford: Clarendon Press, 1924).

[14] 15, Bellish, J., A High Seas Requirement for Inciters, and Intentional Facilitators of Piracy Jure Gentium and Its (Lack of) Implications for Impunity, p. 122, (San Diego International Law Journal, 2013).

[15] 86, Dutton, Y.M., Maritime Piracy and the Impunity Gap: Insufficient National Laws or a Lack of Political Will? 1111–1162, (Tulane Law Review, 2012).

[16] 12, Paige, T., Piracy and Universal Jurisdiction, 145-146, (Macquaire Law Journal, 2013)

[17] XXVII, Dowdle, P., A Dire Need for Legislative Reform, p.629, (Pace International Law Review, 2015).

[18] Volume. 2, O’Connell, D.P., The International Law of the Sea, P. 967, (Oxford: Oxford University Press, 1982).

[19] Nandan, S.N., Rosenne, S., (1995); Volume 3, United Nations Convention on the Law of the Sea: a commentary, 1982; Dordrecht: Martinus Nijhof, p. 197

[20] Bento, L., Toward an International Law of Piracy Sui Generis: How the Dual Nature of Maritime Piracy Law Enables Piracy to Flourish, p. 119, (Berkeley Journal of International Law, 2011).

[21]46, Kelly, M.J., The Pre-History of Piracy as a Crime & Its Definitional Odyssey, p. 378, (Case Western Reserve Journal of International Law, 2013).

[22] Dutton, “Maritime piracy and the impunity gap,” p.1143–44

[23] Mahinga, Jean-Grégoire, “L’affaire du Ponant,” 7 Revue de droit des transports 10 (2008); Philippe Chapleau & JeanPaul Pancracio, La piraterie maritime: Droit, pratiques et enjeux, p. 106–107 (Paris: Vuibert, 2014)

[24] United Nations Division for Ocean Affairs and the Law of the Sea. National Legislation on Piracy.

[25] Anna Petrig & Robin Geiß, Piracy and Armed Robbery at Sea: The Legal Framework for Counter Piracy Operations in Somalia and the Gulf of Aden, p. 140– 44, (Oxford: Oxford University Press, 2011).

[26] United Nations Division for Ocean Affairs and the Law of the Sea

[1] The Author is an assistant professor at the Chennai Dr Ambedkar Govt Law College,Pattaraiperumbudur, Thiruvallur, Tamilnadu.

[2] Mohd Hisham Mohd Kamal(2015), “Is neutral humanitarian action permissible under Islamic law?”, An Opinion Note is based on a paper entitled Neutral and Independent Humanitarian Action: Islamic Perspective, presented at the International Conference on Humanitarian Action in the World of Today – Challenges and Perspectives in the Light of Shari’a and International Humanitarian Law, organized by the International Islamic University, Islamabad, and the International Committee of the Red Cross (ICRC), Islamabad, 22–23 October 2014.

[3] Statutes of the International Red Cross and Red Crescent Movement, October 1986, Preamble, available at www.icrc.org/eng/resources/documents/misc/statutes-movement-220506.html.

[4] Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of 12 August 1949, 75 UNTS 31 (entered into force 21 October 1950); Geneva Convention (II) for the Amelioration of the Condition of the Wounded, Sick and Shipwrecked Members of Armed Forces at Sea of 12 August 1949, 75 UNTS 85 (entered into force 21 October 1950), Geneva Convention (III) relative to the Treatment of Prisoners of War of 12 August 1949, 75 UNTS 135 (entered into force 21 October 1950); Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War of 12 August 1949, 75 UNTS 287 (entered into force 21 October 1950).

[5] The Geneva Conventions, Art.3(2), “The wounded and sick shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict.”

[6] Statutes of the ICRC, 3 October 2013, Art. 1, available at: www.icrc.org/eng/resources/documents/misc/icrc-statutes-080503.html.

[7] Muhammad Hamidullah (1945), Muslim Conduct of State, revised ed., Kashmiri Bazar, Lahore, p. 271.

[8] The Glorious Qur’an-Chapter 5-Al-Maidah-Verse 2, The Almighty(GBUH) says, “…. And cooperate in righteousness and piety, but do not cooperate in sin and aggression…”

[10] Case concerning Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. United States of America), Merits, Judgment, 27 June 1986, ICJ Reports 1986, para. 218; para. 242. See also Resolution VIII of the 20th International Conference of the Red Cross and Red Crescent, Vienna,1965.

[11] The Glorious Qur’an-Chapter 3-Ali-Imran-Verse 114, The Almighty says, “…. And they enjoin what is right and forbid what is wrong and hasten to good deeds. And those are among the righteous…”

[12] The Glorious Qur’an-Chapter 49-Al-Hujurat-Verse 13.

[13] 10th Session of the Islamic Summit Conference (Session of Knowledge and Morality for the Progress of Ummah), Resolution No. 17/10-P(IS) on the Security and Solidarity of Islamic States, Putrajaya (Malaysia),16-17 October 2003, paras 7-8.

[14] Preamble, 1981 Universal Islamic Declaration of Human Rights:

[15] Islamic Committee of the International Crescent (ICIC) is dealt in elaborate in this chapter.

[16] Article 7, 1982 Agreement establishing the Islamic Commission of the International Crescent”

[17] Preamble,1990 Cairo Declaration on Human Rights in Islam

[18] 8^th Islamic Summit Conference (Session of Dignity, Dialogue, Participation), Tehran Declaration, Tehran (Islamic Republic of Iran), 9-11 December 1997”

[19] Article 1, 1990 Cairo Declaration on Human Rights in Islam.

[21] Preamble, 2008 Charter of the Organisation of the Islamic Conference

[22] The Glorious Qur’an-Haptrr 5-Al-Maidah-Verse 32.

[23] M. Cherif Bassiouni (2007-2008), Evolving Approaches to Jihad: from Self-Defense to Revolutionary and Regime-change Political Violence, ‘Chicago Journal of International Law’, pp.145.

[24] The Glorious Qur’an-Chapter 37-Surah-As-Saffat-Verse 25, The Almighty (GBUH) says, “.... [They will be asked], "What is [wrong] with you? Why do you not help each other...”?

[25] Article 1, 1981 Universal Islamic Declaration of Human Rights

[26] Article 2, 1990 Cairo Declaration On Human Rights in Islam

[27] Article 1, 2004 Arab Charter on Human Rights

[28] Article 1, 2008 Charter of the Organisation of the Islamic Conference:

[29] Article 11, 1990 Cairo Declaration on Human Rights in Islam: Article 11

[30] Sayyiduna Abu Huraira narrates that the Prophet(PBUH), once said, “Whosoever removes worldly grief from a believer, Allah will remove from him a grief on the day of judgment. Whosoever alleviates [the] lot of deprived[destitute] person, Allah will alleviate his lot in this world and the next. Allah will aid a servant so long as the servant aids his brother”

[31] The Glorious Qur’an-Chapter 4-Surah An-Nisa-Verse 58 & 59

Similarly, The Glorious Qur’an –Chapter 4-An-Nisa-Verse 135

[32] Mohamad Akram Laldin, Introduction to Shariah and Islamic Jurisprudence, CERT Publications, Kuala Lumpur, 2006, p. 33.

[33] The Glorious Qur’an-Chapter 4-An-Nisa-Verse 88-91

[34] Abu al-Fida Ismail ibn Kathir, Tafsir Ibn Kathir, Vol. 2, abridged by Safi-ur-Rahman al-Mubarakpuri, 2nd

ed., Darussalam, Riyadh, 2003, pp. 537–542.

[36] The first verse of the Qur’an revealed on the subject of fighting shows that it was the Quraysh who had declared war on the Muslims: “….To those against whom war is made, permission is given (to fight)…”(The Glorious Qur’an-Chapter 22-Al-Hajj- Verse 39 ).

[37] These principles are :

1. Human Dignity: -

The ICIC shall uphold the principle of human dignity and its inherent spiritual and ethical values what formulate a basic requirement for better human relations that derives its strength from the existence of the factors of respect, cordiality and goodness to all mankind.

2. Justice: - The ICIC shall consider that justice among people and restoring peace as well as social justice are noble objectives, likely to ensure the stability of humane communities and welfare.

3. Equality: -

The ICIC believes in equality among all people without discrimination or distinction due to any reason. It seeks to display Cordiality and fraternity and to put an end to reasons of hatred and animosity.

4. Impartiality: -

The ICIC stresses the state of neutrality in dealing with the disputant parties and considers it as a positive force that build Confidence and leads to the domination of right views and wisdom.

5. Independence: -

According to the nature of ICIC's humane activities, it totally works independently when performing the tasks stipulated in the agreement.

6. Peace: -

The ICIC believes that the honest call for peace must surmount abidingly in order to stop suffering and devastation caused by armed conflicts and wars.

[38] Her full name was Rufaidah bint Sa'ad of the Bani Aslam tribe of the Khazraj tribal confederation in Madinah. She was born in Yathrib before the migration of the Prophet Muhammad (PBUH). She was among the first people in Madina to accept Islam and was one of the Ansar women who welcomed the Prophet on arrival in Madina.

Rufaidah's father was a physician. She learned medical care by working as his assistant. Her history illustrates all the attributes expected of a good nurse. She was kind and empathetic. She was a capable leader and organizer, able to mobilize and get others to produce good work. She had clinical skills that she shared with the other nurses whom she trained and worked with. She did not confine her nursing to the clinical situation. She went out to the community and tried to solve the social problems that lead to disease. She was both a public health nurse and a social worker.

[39] Her acts of bravery in the Battle of Uhud were such that they were profoundly praised and appreciated by the Prophet(PBUH).

[40] She was one of the six women who made their way to the castle of Khaybar. The Prophet (PBUH) asked them: “By whose order did you come here?” Umm Ubayyah said: “Since we could notice the sign of anger on his countenance, I said: ‘We have come here with some medicine to treat the wounded,’ so, the Prophet (PBUH) agreed for us to stay. Our assignment in that war was treating the wounded and cooking food”.

[41] Umayyah bint al-Qays. She became Muslim after the migration (hijrah) to Medina. She said: “I went to see the Prophet (S) along with a group of women from Bani Ghaffar. I said: ‘We want to be with you in going to Khaybar to treat the wounded and assist the combatants.’ Showing his happiness, the Prophet (PBUH) said: ‘You move by the grace of God!”

[42] She is an early reverted to Islam and she is known to be the first women to fight in defence of Islam. Having fought many battles and rendering assistance, she once told Prophet(PBUH) that only men were mentioned in Glorious Qur’an and women were deprived of any importance. Then this verse was revealed, The Glorious Qur’an-Chapter 33- Al-Ahzab-Verse 35, “….Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so – for them Allah has prepared forgiveness and a great reward…”

[43] Muhammad 'Ali Qutb (Translated by 'Abdur-Rafi' Adewale Imam), “Women around Messenger(PBUH)” International Islamic Publishing House, 2008, revised 2nd ed., Riyadh.

[44] Refer Chapter 4 for understanding the meaning of fard al kifayah.

[45] A human body is sacred even after his/her dead. The Prophet (PBUH) said, “Breaking the bone of the dead person is simisar (is sin) to breaking the bone of a living person”.

[46] ?Ali ibn Ahmad ibn Sa’id ibn Hazm, Al-Muhalla (Beirut: Dar al-Afaq al-Jadidah), Vol. 7,pp.117.

[47] Hai?th number 1715 in al-Tirmidhi, Sunan al-Tirmidh?, Vol. 4, pp.214.

[48] Shahih Al Bukhari, Sahih Al Jami’e, Vol. 4, pp. 90.

IJLRA	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
IEEE	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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