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Regular Issues
Criminalisation of marital rape in India: a medico-legal analysis
by S.M. Aamir Ali, Anuttama Ghose
Abstract: Marital rape is described as undesired intercourse between a man and his wife acquired by force, coercion, threats of force, physical assault, or when she is incompetent to consent. Marriages with marital rape have considerably more significant rates of sexual aggression, marital discomfort and reduced marital quality and satisfaction. Many marital rape victims are either incapable or scared to oppose their spouses' sexual violence. Victims of marital rape have post-traumatic stress disorder, anxiety, depression, gynaecologic disorder, and terrible physical health impacts. Thus, this paper investigates the laws governing rape in India, with a focus on the status of marital rape, the acknowledgement of marital rape as a crime and an analysis of the perspective of society and judiciary toward marital rape while highlighting the medical consequences faced by the survivors of the marital rape.
Keywords: criminalisation; gynaecologic disorder; health; marital rape; sexual violence; post-traumatic stress disorder; PTSD; India.
DOI: 10.1504/IJPLAP.2025.10065642
Formulating the regulatory framework for the pre-market approval of novel food in Malaysia
by Nor Akhmal Hasmin, Sayidah Asma Basir, Anida Mahmood, Juan Matmin, Vita Cita Emia Tarigan
Abstract: Novel foods and novel food ingredients are being introduced in the market to strengthen global food security. However, most of the novel foods lack a history of safe use, due to the novel characteristics and lack of consumptions. Despite the safety concerns, novel foods in Malaysia are not subject to pre-market approval, hence, exposing consumers to potential adverse effects on safety and health. Through a doctrinal analysis, this study critically analyses the pre-market approval for novel food requirements and procedures adopted by the food safety authority in the European Union, Australia New Zealand, and the People’s Republic of China. It is to identify the key elements that must be embodied in the legislative framework for pre-market approval of novel food in Malaysia. This study finally suggests some regulatory recommendations on pre-market approval for novel food in Malaysia to strengthen the food safety and food security provisions in Malaysia.
Keywords: food security; food safety; novel foods; pre-market approval; regulatory framework; Malaysia.
DOI: 10.1504/IJPLAP.2024.10063553
Case brief generation and verdict prediction using natural language processing and machine learning
by Christopher A. Moturi, Sharon A. Obanda
Abstract: The paper’s objective was to demonstrate the potential of natural language processing and machine learning in solving the challenges faced by the Kenyan judicial system, particularly the increasing complexity and the large backlog of cases. To achieve this, the research utilised NLP and AI algorithms to automatically generate case briefs with relevant precedent cases and predict the likely outcome of the verdict. Selected lawyers provided expert labelling of downloaded cases and sample legal case briefs. The labelled data was then used to train the model. The resulting toolkit was capable of generating case briefs and predicting verdicts with impressive levels of accuracy, 88% for case briefs and 83.7% for verdict predictions. The findings of the research demonstrate that NLP and ML is a valuable solution that can enhance human abilities by automating case brief generation and verdict prediction and potentially. This will contribute to more efficient service delivery.
Keywords: Kenya judiciary; case briefs; verdict prediction; legal case prediction; natural language processing; NLP; machine learning.
DOI: 10.1504/IJPLAP.2024.10063689
Taxing crypto earnings under Indian jurisdiction: a detailed study
by D. Kiruthika, Kesavamoorthy Renganathan
Abstract: The most talked-about subjects have been cryptocurrencies in general and Bitcoin in particular. Cryptocurrencies are thought of as a subset of virtual currencies that are used for peer-to-peer transaction payments. There are differences in how different nations around the world treat cryptocurrencies. The currency’s legal status is unknown, despite the fact that it is growing in popularity in society and among business communities. In India, there is no regulation that governs cryptocurrencies as of January 2024. Meanwhile in the Budget Session, 2022 the government has brought in the tax regulation of cryptocurrencies. In light of this, the paper would critically analyse on the existing tax treatment of cryptocurrencies in India and further the study is aimed to throw light on some reflections comparatively to trace the tax treatment of cryptocurrencies in other global jurisdictions so as to analyse the pros and cons of present taxability of cryptocurrencies in India.
Keywords: cryptocurrencies; Bitcoin; tax treatment; India; legal status; global jurisdictions; Income Tax Act; goods and services tax; GST; virtual digital asset; VDA; tax deducted at sources; TDS.
DOI: 10.1504/IJPLAP.2024.10063690
Crafting tax incentives for economic development: insights and recommendation
by Ifeanyichukwu Azuka Aniyie
Abstract: This paper utilised of a mix of systematic textual analysis to gain understanding, develop knowledge regarding the nature and corollaries of tax incentives. Its main finding is that despite the duality that is tax incentives and the existence of advisories against their utilisation as policy instrument by states, they have become prominent tools for public policy design and implementation as well as feature during micro or firm level decision making. Based on this, the paper argues that with the use of strategically crafted tax policies that balance the contrasting side of tax incentives, economic development can be fostered by their existence. To this end, it offers insights and practical recommendations for the utilisation of tax incentives by states.
Keywords: revenue; tax incentives; fiscal policy design; tax optimisation.
DOI: 10.1504/IJPLAP.2024.10063691
Clarification of legal solutions to prevent organisational bullying in Iranian organisations
by Zahra Nikkhah-Farkhani, Mohammad Bagher Moghaddasi
Abstract: This research delves into organisational bullying in the Iranian governments executive bodies, underlining its significant impact on employees mental well-being and overall organisational health. It emphasises the economic and psychological implications for employees, stressing the importance of a comprehensive understanding and effective interventions to tackle this prevalent workplace issue. The study employs qualitative research by analysing 1459 legal articles related to employee behaviour, revealing a diverse legal landscape covering forms of bullying like verbal abuse, physical harm, and threats. Legal provisions identified align with an organisational bullying questionnaire, emphasising the need for tailored strategies to address this critical issue effectively. The findings underscore the importance of robust legislation in combating organisational bullying, highlighting its role in improving the work environment and reducing adverse effects on employee health. It offers valuable insights for organisations and policymakers, stressing the need for legal frameworks to prevent organisational bullying, an essential aspect of workplaces.
Keywords: organisational bullying; legal frameworks; workplace environment; employee well-being.
DOI: 10.1504/IJPLAP.2024.10063879
Understanding the effects of the Jal Jeevan Mission on livelihoods and quality of life in Surat City, Western India: a PLS-SEM-based study
by Gopal Goswami, Himanshu Bagdi, Latika Sharma
Abstract: The study aims to assess the impact of the Jal Jeevan Mission in the urban setting of Surat City, Gujarat. The Jal Jeevan Mission (JJM) is a significant endeavour to ensure equitable availability of potable and uncontaminated water, potentially bringing about substantial societal changes and enhancing quality of life. The study provides a comprehensive knowledge of the impact of the mission by examining improvements in water accessibility, public health outcomes, behavioural changes, and socio-economic factors. This study uses quantitative research methods to investigate the impact of the JJM on the general welfare and standard of living of Surat’s citizens. The data was collected from 399 respondents using a self-administered questionnaire from the residents of Surat City. To the best of the author’s understanding, the study with constructs like livelihood, well-being, infrastructure and services’ impact on people’s livelihood concerning Pradhan Mantri Jal Jeevan Mission is novel in the context of India.
Keywords: Jal Jeevan Mission; JJM; water resource management; sustainable development; rural development; water conservation; water quality improvement.
DOI: 10.1504/IJPLAP.2024.10064003
Forests in flux: a critical examination of the historical evolution of forest laws and policies in British and post-British India
by Taniya Malik
Abstract: This article critically analyses the evolution of forest laws and policies in India, from the colonial era to the present day, to identify historical gaps and errors that have resulted in the degradation of Indian forests. The author seeks to identify the drivers of change in the state’s approach towards forest governance, the factors impeding effective forest conservation, and analyse the socio-economic impacts of different instruments on the forest-dwelling and forest-dependent communities. This study also seeks to answer research questions related to the key drivers behind the adoption and evolution of forest laws and policies, the influence of British colonial policies and laws on post-independence forest laws and policies, the impact of forest laws and policies on the rights and livelihoods of forest-dependent and forest-dwelling communities, and the evolution of forest laws and policies to address emerging challenges such as climate change, biodiversity loss, and ecosystem degradation. The study utilises doctrinal research methodology, incorporating historical, analytical, and critical legal research tools. Through the findings of this research, the author aims to guide the development of more effective forest policies in India in the future.
Keywords: forest laws and policies; forest governance; forest conservation; rights of forest-dwelling communities; forest-people interface; India.
DOI: 10.1504/IJPLAP.2024.10064062
Comparison of provisions on detention for children in international law and Vietnamese law from Ho Chi Minh City practice and some recommendations
by Thuyen Duy Trinh, Anh Thi Nguyen
Abstract: The alignment between investigation durations and detention measures is a central theme in the Criminal Procedure Code 2015, particularly concerning individuals under the age of 18. The current Code presents inconsistencies, with detention periods for under-18s restricted to two-thirds of the adult duration but a lack of equivalent adjustments in investigation timeframes. This paper underscores the necessity for congruent durations to ensure legal coherence and safeguard the rights of this younger age group. Drawing on the principles of the Convention on the Rights of the Child, it advocates for harmonised durations to reduce potential rights violations and emphasises the need for subsequent research to assess the practicalities of such changes. The ultimate objective is to promote an efficient legal framework centred on the best interests and rights of the child.
Keywords: detention; children’s rights; CRC; juveniles.
DOI: 10.1504/IJPLAP.2024.10064111
Bridging legal frameworks: assessing the potential impact of Nigeria's ratification of the United Nations Convention on the International Effects of Judicial Sales of Ships on Nigerian Maritime Law
by Damilola I. Osinuga
Abstract: This article investigates the potential implications of the United Nations Convention on the International Effects of Judicial Sales of Ships (the Beijing Convention) and its recognition for Nigerian jurisprudence. The Convention, which was finalised by the United Nations Commission on International Trade Law and other international organisations, was signed on September 5, 2023, in Beijing, China. This convention aims to establish a comprehensive framework for recognising and enforcing foreign judicial sales of ships. This article explores the alignment of Nigerias existing legal framework for judicial sales with the Beijing Convention and assesses the necessity of domesticating the Beijing Convention within the Nigerian legal system. Through an analysis of relevant Nigerian legislation and scholarly discourse, this study evaluates the potential benefits, challenges, and opportunities arising from the Beijing Convention on Nigerian jurisprudence. The findings aim to contribute to the ongoing discussions on harmonising international maritime law as well as provide valuable insights for policymakers and scholars interested in the intersection of maritime law and cross-border judicial sales.
Keywords: judicial sale; enforcement; recognition; ships; Nigeria; Maritime Law; Beijing Convention.
DOI: 10.1504/IJPLAP.2024.10066532
Broadening judicial protection against failures to act? - Recent Hungarian developments
by István Hoffman, Krisztina F. Rozsnyai
Abstract: The paper analyses some layers of failures to act in public administration, both in individual administrative cases and in the field of providing public services. After analysing the theoretical background of the legal regulation and major European approaches, it is clear that failures to act in individual administrative cases can be handled by solutions within public law. For failures within the provision of public services, however, there are different solutions, as these services have a strong link to human rights as well as personality and privacy rights, so even judicial protection through private law can apply. Based on the new system of legal protection setup some years ago in Hungary, the paper investigates whether the new Hungarian regulation is in line with European principles and patterns. It will show that court procedures cannot replace internal-administrative remedies and a web of remedies offers the most effective protection against failures.
Keywords: administrative silence; educational segregation; failure to act; procedural errors; public service provision; secondary protection; Hungary.
DOI: 10.1504/IJPLAP.2024.10066623
The use and misuse of Strasbourg case-law by a constitutional court: the case of Kosovo
by Enver Hasani, Perparim Gruda
Abstract: The Kosovo Constitution requires that its human rights provisions be interpreted consistent with the decisions of the European Court of Human Rights. But an unprecedented reliance on ECtHR case-law has led to deni de justice in four randomly selected rulings of the nations constitutional court. The Court classified the decisions as reopening proceedings cases, then wrongly stated that Article 6 ECHR does not apply to such cases. Through a comparative approach, this article argues that the Kosovar court used Strasbourg case-law in an arbitrary and inappropriate manner. The national court placed itself in the shoes of the Strasbourg tribunal and cited rulings for what they do not say. The Kosovar adjudicator abstained from its constitutional jurisdiction, effectively calling non liquet and denying justice to the aggrieved.
Keywords: constitutional court; reopening proceedings; precedent; case-law; Strasbourg Court; European Court of Human Rights; ECtHR; European Convention on Human Rights; ECHR; Constitution of Kosovo; non liquet; déni de justice; petitum; human rights; fundamental freedoms; Kosovo.
DOI: 10.1504/IJPLAP.2024.10066625
Consumer law and asymmetric information: a brief revision from the Peruvian and Ecuadorian experiences
by Ruben Mendez-Reategui, Dayana Madrid Villacís, Edison Tabra Ochoa, Gonzalo Lascano Baez
Abstract: The article aims to identify the theoretical justifications that inspire the right to consumer information protection in Ecuador and Peru. From the methodological point of view, the article proposes a theoretical-conceptual study of the principle of consumer information from a legal and economic perspective. The article is divided into three sections: First, it develops the definitions of consumer information and the guidelines on informational asymmetries and other relevant related aspects. The second part presents an analysis of the problems associated with the use and availability of information, which is essential for the understanding of its application in the legal sphere, understood as the protection of the right of access and consumer protection. The third part refers to the notion of trust in information as a fundamental element for the legal understanding of consumer relations in the market and the behavioural incentives that become manifest on it.
Keywords: consumer law; asymmetric information; public policy; consumer protection and rights; market process.
DOI: 10.1504/IJPLAP.2024.10066863
Illusory ownership in the metaverse: the impact of platform contractual provisions on user rights
by Alessandro Stasi, Weng Chiang David Tan
Abstract: This article explores the concept of digital ownership in the metaverse, focusing on how contractual provisions in platform agreements create an illusory sense of ownership for users. By examining leading metaverse platforms like Decentraland, Illuvium, and The Sandbox, the study reveals that while non-fungible tokens (NFTs) provide transaction records, actual control over digital assets remains with the platform. This contractual control enables platforms to limit user access, modify services, and exclude liability, often contradicting consumer protection laws such as the UK Consumer Rights Act 2015 and the EU Unfair Terms Directive. The article suggests that such practices raise significant legal and ethical concerns, advocating for revised regulatory frameworks and equitable contractual terms to safeguard user rights in virtual environments. This study contributes to ongoing discussions about digital ownership, emphasising the need for transparency, fairness, and enforceable user rights in the evolving metaverse.
Keywords: digital ownership; metaverse platforms; non-fungible tokens; NFTs; consumer protection laws; digital assets.
DOI: 10.1504/IJPLAP.2024.10068173
Sentencing for multiple counts: a data analysis perspective of the applied Lebanese law
by Mageda A. Sharafeddin, Zeinab Mouzaihem, Ahmad El Hajj
Abstract: We examine Article 205 of the Lebanese penal code which gives convicts the right to ask for the most severe penalty instead of consecutive penalties in the event of multiple offences given that no final verdict has been issued for any of the offences. We make the following contributions in this paper: 1) model multi-offender versus judge/legislator interactions as a non-zero-sum game; 2) provide statistical description of offences; 3) propose an alternative utility in the proposed model; 4) show the Nash equilibrium which is one in which offenders are taking advantage of bulk discount to commit more crimes before a verdict is issued; 5) shed light on the interpretation of this model by interviewing 13 judges. The median number of crimes committed by an offender is 4 and the median number of days between rulings is 61. We outline a framework to strengthen the effectiveness of the legal system.
Keywords: Article 205 of Lebanese Penal Code; multiple counts; descriptive statistics; game theory; bulk discount; concurrent sentences.
DOI: 10.1504/IJPLAP.2024.10068370
Understanding the role of forensic expert testimony in new criminal laws to increase conviction rate in the Indian criminal justice system
by Drishti Saraf, Vipin Vijay Nair
Abstract: The newly introduced Indian criminal law also intends to imperatively incorporate the use of forensic science in the criminal investigation system to aid and assist the investigating officers in evidence collection, thus allowing them to present a strong case against the accused. Though the use of forensic science would ease and fasten the investigation process but considering the limited evidentiary value of forensic evidence in the criminal justice system today, the proposed law might not be able to help the legislature achieve its ultimate objective of increasing the conviction rate. This paper aims to navigate through various cases and judgements and showcase the status that forensic evidence holds in the present criminal justice system to understand the relationship shared between forensic evidence and conviction rate as well as highlight the potential modifications that can be introduced to increase the admissibility value of expert witness testimony in the court of law.
Keywords: Bharatiya Sakshya Adhiniyam; conviction rate; evidentiary value; forensic expert; expert witness testimony; Indian criminal justice system; India.
DOI: 10.1504/IJPLAP.2024.10068573
The practice of Bakupiara or living together outside marriage related to the enforcement of Minahasa customary law today
by Jemmy Sondakh
Abstract: Bakupiara, or cohabitation outside legal marriage, has been practiced in Minahasa for generations, particularly among the lower middle class in coastal areas. Despite efforts to eradicate it through Christian influence and legal marriage registration, Bakupiara persists. This practice results in children born outside of wedlock, unrecognised by positive law. The study examines local government policies in managing Bakupiara through a normative legal approach, focusing on Minahasa Regency and Manado City. Findings reveal two types of Bakupiara: overt, tolerated by customary law, and clandestine, which is not. Children from these unions face inheritance disputes due to differing legal statuses. Local governments address Bakupiara through direct supervision in boarding houses and mass marriage programs. Ultimately, Bakupiara has legal consequences, affecting the recognition of marriage by both religion and state, as well as the status of children born from such unions.
Keywords: Bakupiara; local government policy; Minahasa customary law.
DOI: 10.1504/IJPLAP.2025.10070210
Immunity for a healthy democracy: the critical role of parliamentary immunity
by Naira Hovhannisyan, Artak Ghazaryan
Abstract: The immunity of a deputy is an important guarantee of the realisation of the personalized and impersonal political will of the people. The article highlights the relationship between the institution of parliamentary immunity and the realisation of the political will of the people. The article also considers the institution of parliamentary immunity as an important guarantee that prevents the transition from the immanent feature of democracy “the rule of the majority” to the anti-democratic “tyranny of the majority”. This article discusses the importance of the institution of a deputy, some solutions are proposed aimed at making the process of depriving a deputy of immunity more focal. The article proposes to remove the process of depriving the immunity of the deputy from the logic of the issue solved by the political decision of the majority, proposing certain objective criteria for depriving the immunity of the deputy.
Keywords: inviolability; democracy; majority rule; tyranny of majority; depersonalised political will; personalised political will.
DOI: 10.1504/IJPLAP.2025.10069822
Electronic arbitration as a mechanism for settling e-commerce disputes: insights and perspectives according to Oman Vision 2040
by Jumaa Saho, Tareck Al Samara
Abstract: Within the framework of Oman Vision 2040 and the national programs that emerged from it especially the National Investment Program Nazdahir and the government digital transformation program; it is clear that the adoption of electronic arbitration has become an essential factor in attracting foreign investments to the Sultanate of Oman. However, it is still necessary to complete the legislative measures taken that will consolidate this vision and achieve the goals and objectives set for it. Electronic arbitration provides a suitable legal environment for electronic commerce because of its many advantages. The most important of these advantages is the lack of physical meetings between its parties and the arbitration panel. This saves much time and expense. The shortcomings and fears of its adoption have been overcome in the Sultanate of Oman after the passing of legislation that provides a safe, legal environment for electronic commerce transactions. This research discusses the importance of electronic arbitration in resolving electronic commerce contract disputes, and reviews its definition, practical experiences, procedures, effectiveness, and applicability in the Sultanate of Oman. This is made possible through the presence of the infrastructure and logistics once approved and adopted Omani legislators.
Keywords: electronic arbitration; electronic commerce; disputes; contracts; settlement; Oman.
DOI: 10.1504/IJPLAP.2025.10069928
Dispute resolution through knowledge and experience regarding village court among local people: learning from a rural area of Bangladesh
by Md. Mahedi Al Masud, Sajib Chowdhury, Md. Karimul Islam, Md. Abdur Rahman
Abstract: The study highlights the area of knowledge about the village court and seeks to investigate how they rely on the village court for dispute resolution. We gathered data from 368 households in the southwestern villages of Bangladesh applying a systemic random sampling procedure. We employed negative binomial and zero-inflated poisson regression to examine the relationship, supplementing our analysis with focus group discussions. Our findings indicate that nearly two-fifths of respondents experienced disputes, with almost half filing cases in the village court for resolution, while the rest chose not to resort to any legal action. Findings show that knowledge and awareness about the village court have a positive implication in dispute settlement. This implies that having proper knowledge about the process, benefits, and challenges of the village court facilitates dispute resolution, a finding further supported by qualitative insights. The study recommends that authorities establish robust and proactive mechanisms to ensure a level playing field for all disputants through the symmetric transfer of information about village courts.
Keywords: knowledge and perception; village court; dispute resolution; justice; Bangladesh.
Rohingya repatriation: constructivist and durable solutions approaches to the role of the Arakan Army in evolving Myanmar dynamics
by Delara Hasan Ananna, Md. Zahurul Haq, Yuhanif Yusof, AbdelRahman Ahmed AbdelRahman
Abstract: The right to return, a fundamental human right recognised under international law, remains an unfulfilled dream for the Rohingya refugees living in Bangladesh. While there have been attempts to repatriate them in the past, the lack of involvement of key stakeholders, including the Ethnic Armed Organisations such as the Arakan Army, has stalled progress. This study explores how theories like Constructivism and the Durable Solutions Framework can guide inclusive frameworks for repatriation in contexts involving powerful non-state actors like the United League of Arakan/Arakan Army. The findings underscore the Arakan Armys prospective role in addressing identity-based grievances and practical barriers to repatriation despite their lack of formal recognition. The study emphasises the importance of a rights-based, multi-stakeholder solution based on qualitative data from interviews with Rohingya refugees, NGO workers, and secondary sources. Connecting theory to practice, the study lays a foundation for the conditions enabling the Rohingyas sustainable return.
Keywords: right to return; Rohingya repatriation; Bangladesh; Myanmar; Arakan Army; constructivism; durable solutions framework; refugees.
DOI: 10.1504/IJPLAP.2025.10070123
Admissibility of constitutional complaint as an instrument of influencing public policy under emergency pressure: latest lessons to be learned from Central-Europe
by Boldizsár Szentgáli-Tóth, Ágnes Váradi, András Hunvald
Abstract: Our manuscript conducts comparative assessment, and provides a deeper understanding, how the constitutional courts of Austria, Germany and Hungary adapted the admissibility of constitutional complaints to the extraordinary circumstances raised by the global pandemic to influence public policies on a timely manner. Our analysis would reflect on an issue with long history, which should have been partly reconsidered in the light of the COVID-19 pandemic. Admissibility of constitutional complaints have been reflected by several authors, however, the emerging role of these remedies to influence public policies has not been discussed in depth by the existing legal scholarship. The rapidly evolving public health context frequently required from policy-makers urgent reflections, which should have been subject to constitutional review. This paper demonstrates that if constitutional complaint has been implemented in a given country, in the light of the huge time pressure, the flexible interpretation of admissibility provided by the constitutional courts could give the most effective constitutional remedy for the citizens to influence emergency policies.
Keywords: public policy; constitutional complaint; emergency; constitutional court; admissibility; access to justice; comparative research; COVID-19.
Determinants of goods and services tax revenue efficiency of sub-national governments in India: a solution to the dilemma of Indian states
by Shubham Garg, Sangeeta Mittal, Aman Garg
Abstract: The Indian government implemented the goods and services tax (GST) to improve the indirect tax system; however, it has adversely impacted GSTefficiency across Indian states. Therefore, this study aims to investigate the determinants of GSTefficiency to enable policymakers and government to craft their strategies and policies accordingly. The analysis has employed panel regression modelling by covering the data from 2017-2018 to 2022-2023. The findings illustrate that the central dependency of states, inflation rate, total outstanding liability and the share of agriculture sector adversely affect GSTefficiency of the sub-national governments. Conversely, the results depict that financial variables, urbanisation rate, capital outlay, service sector contribution and own tax revenue to boost GSTefficiency. The findings hold significant implications for government, policy practitioners and the Finance Commission of India by offering valuable insights for informed decision making and strategic policy development. The state government should make efforts to increase their own tax revenue resources to boost their GSTefficiency.
Keywords: determinants; goods and services tax; GST; GST efficiency; Indian states; indirect tax; sub-national governments; policymakers; panel regression; revenue mobilisation and tax revenue.
DOI: 10.1504/IJPLAP.2025.10071076
Public policy and society, the case of changing smoking behaviour in the USA
by Rania Marwan, Tarek El Badawy, W. Rhea Ingram, David Ang
Abstract: This paper focuses on analysing the gradual change in smoking behaviour that took place overtime in the USA from a public policy theoretical lens, by focusing on three critical events at the national and regional levels. Two events occurred at the national level that shaped the change; the release of the Surgeon General's Report in 1964 and the Tobacco Master Settlement Agreement in 1998. At the regional level, the paper focuses on the post-settlement allocation of funds, specifically in the State of Alabama, and how it affected behavioural smoking changes. Four policy theories are examined: Downs' issue attention cycle, Kingdon's multiple streams framework, punctuated equilibrium, and social construction theory. The paper concludes that the interdisciplinary nature of public policy allows it to explain in depth how smoking behaviour changed over time through tackling different interdisciplinary angles, including the role of policy tools, media, research, advocacy, marketing, and policy entrepreneurs.
Keywords: Downs' issue attention cycle; multiple streams framework; MSF; punctuated equilibrium; social construction theory; tobacco Master Settlement Agreement; MSA; policy tools; policy entrepreneurs.
DOI: 10.1504/IJPLAP.2024.10063424
Necessary public policies required for accumulation of human capital among informal worker households of India
by Amit Kundu, Rajyasri Roy
Abstract: Over the decades, the Indian labour force has been dominated by informal workers. Investment in human capital is considered a luxury commodity for households depending on different types of informal work for their livelihood. This paper, based on NSSO's 68th round survey, has identified a few public policies, like the expansion of Jana Dhan Yojana, offering fuel and electricity at subsidised rates, efficient distribution of nutritious food through the public distribution system, and offering cycles to the students to reduce their private transport costs, which are very much effective public policies to encourage the present informal workers to invest in human capital accumulation for their next generation, i.e., those public policies should not be considered as implemented only for 'popular political gain'. Awareness programs like the importance of investment in human capital for their children should also be arranged for those parents.
Keywords: informal worker; accumulation of human capital; Heckman's two-step treatment effect model; public policies; India.
DOI: 10.1504/IJPLAP.2024.10063573
Examining the position of organic laws within the Constitutional Bloc: an analysis of constitutional court decisions in France and Iraq
by Ahmed Oudah Al-Dulaimi, Jacob Deem, Léa Boinnard
Abstract: This paper examines the position of organic laws within the Constitutional Bloc, based on the influence of constitutional court decisions in France and Iraq. Through analysing the constitutional court decisions, this article seeks to provide a deeper understanding of the importance and status of organic laws within the constitutional system. The importance of this study is highlighted by the controversial argument emerging from the extent to which organic laws are considered one of the components of the Constitutional Bloc and thus give it a constitutional value. Based on a case study approach, this paper focused on the constitutional court decisions to reach the result that a kind of hierarchy can be found between the constitutional rules, and organic laws are one of these rules. Such hierarchy can assist the constitutional judges to examine the position of the organic law within the Constitutional Bloc.
Keywords: organic law; Constitutional Bloc; constitutional court; constitutional value.
DOI: 10.1504/IJPLAP.2024.10063038
Impact of issues related to technology on labour law and the negotiating algorithm
by P. Satheesh, P.R.L. Rajavenkatesan
Abstract: Artificial intelligence (AI) and automation technologies, including blockchain, internet of things (IoT), and conversational user interfaces, have significantly influenced the culture, relationships, and business procedures of the 21st century, prompting a meticulous re-evaluation of conventional norms. While machines have supplanted human roles in various fields since the Industrial Revolution, contemporary AI advancements present a potential to not only revolutionise employment but also curtail economic growth and impart extensive societal impacts. This study principally contends that the advent and utilisation of digital technologies have indistinctly metamorphosed the essence of work and employment. AI also affects labour law, giving lawmakers a new perspective. If robots without legal personalities can do human duties, employers can fire them. The key question is whether organisations can operate efficiently with fewer workers. Despite the importance of employees, layoffs may occur. Given this, policymakers may consider reducing redundancy, giving robots a legal personality, or regulating their workplace use. This study examines how the public views AI and its workplace effects, examining the relationship between AI and labour regulations. This topic became important after substantial research on legal personality in labour regulation.
Keywords: artificial intelligence; digital technology; the Industrial Revolution; legal legislation; machine learning; personality; negotiating algorithm; labour law.
DOI: 10.1504/IJPLAP.2024.10063012
Avoiding false assumptions: the capacity of the Turkish national asylum system
by Ayşe Dicle Ergin, Yiğit Kader
Abstract: This article examines the challenges faced by Türkiye's national asylum system post its 2013 reform, in the context of hosting the world's largest refugee population. While the reform initially garnered praise, subsequent scrutiny highlighted issues such as barriers to rights access, a prolonged limbo situation for asylum seekers, limited durable solution options, and instances of refoulement. Through an analysis of historical data, recent statistics, and administrative court decisions, the article identifies capacity issues as a central problem. This problem affects the efficiency of processing international protection applications and the quality of decision-making. However, the capacity challenges are not isolated but interlinked with policy decisions, indicating that resource limitations and policy frameworks jointly contribute to the system's difficulties. The article argues for the need to address these interconnected issues through enhancements in the system's capacity and strategic policy reforms, aiming to effectively tackle the multifaceted challenges faced by Türkiye's asylum system.
Keywords: Türkiye; asylum systems; refugees; refugee law; refugee status determination; refugee rights; access to rights; deportation; limbo; temporary protection; international protection; 1951 Convention.
DOI: 10.1504/IJPLAP.2025.10070982
The massive turnout at the Mahakumbh reflects a renewed faith in our scriptures, culture, ethos, and traditions—rooted in an understanding of their scientific credibility
n recent times, there has been much debate and discussion about the detachment from dharma among the youth of all religions. As education reaches all strata of society, people appear more rational and logical about their belief systems. We have seen Europe and America becoming increasingly atheist or drawn to belief systems other than Christianity. Churches are being abandoned, with many in Europe being converted into mandirs. In the Middle East, India, and the Far East, Muslim-majority countries are witnessing a wave of ex-Muslims leaving their traditional faiths due to perceived unscientific teachings and illogical reasoning.
Science-educated youth find it difficult to accept religious doctrines that do not align with scientific reasoning. The contradictions within religious texts are particularly evident in Abrahamic traditions. For example, female and male circumcision can be cruel and, in some cases, fatal. Similarly, the belief that planets revolve against the Sun is scientifically inaccurate. Many Abrahamic texts contain outdated information that critics argue should be revised.
In India, we have experienced over 1,000 years of Islamic and Christian rule. These rulers were oppressive, both financially and religiously. They plundered wealth, destroyed mandirs and other structures, and either renamed or modified them to align with their ideology and religious practices. This remains a point of contention with Muslims in a predominantly Hindu country, which was divided into three pieces in the name of Islam in 1947.
However, the greater damage to India occurred in the post-independence period, when the education system was taken over by individuals opposed to the fundamental ethos of Sanatan Dharma. Sanatan Dharma was distorted and misrepresented to Hindus through textbooks written by non-Sanskrit scholars with biased perspectives. Hindu scriptures, including the Vedas, Manusmriti, Ramayana, and Mahabharata, were misinterpreted, leading to widespread confusion. As a result, many Hindus have developed a sense of disillusionment with their own belief system and way of life.
In 2025, a grand Mahakumbh was celebrated for over 45 days at the confluence of the Ganga, Yamuna, and Saraswati at Triveni Ghat. Over 65 crore Hindus from across the world took a dip in the pavitra waters of Triveni. The Mahakumbh Mela 2025 in Prayagraj was a spectacular event, drawing more than 66 crore devotees from around the world. Held once every 144 years, it is considered one of the largest human congregations on Earth.
One of the most striking aspects of this Mahakumbh was the participation of the youth—over 60 per cent of the devotees were under the age of 30. Is this a resurgence of Sanatan Dharma? Or is it the influence of an unapologetically Hindu leadership at the Centre, coupled with Yogi Adityanath as Chief Minister of Uttar Pradesh—both of whom actively promote India’s ancient and rich cultural heritage? Or perhaps it is the impact of social media, which has helped demystify the essence and scientific underpinnings of Sanatan Dharma? Arguably, both factors have played a role.
Today’s youth are increasingly aware of astronomy and its scientific principles. They recognise the cosmic phenomena that shape our universe and are beginning to appreciate the scientific foundations of Sanatan Vaidic Dharma, which modern science continues to validate. The massive turnout at the Mahakumbh reflects a renewed faith in our scriptures, culture, ethos, and traditions—rooted in an understanding of their scientific credibility. Social media has emerged as a boon for Sanatan Dharma, while posing challenges for Abrahamic religions, which struggle to scientifically justify their belief systems. Their youth, increasingly rational and inquisitive, are less willing to accept doctrines that lack logical substantiation.
With an ambitious plan for a semiconductor city, coupled with a bustling international airport and world-class road infrastructure, Dholera is set to transform the region's economic landscape and contribute to India's progress
Gujarat is driving India’s dream to become the global hub of the semiconductor industry. With the vision of the Union government, its policy support, infrastructure development, and incentives, the state is the most preferred choice for semiconductor investments.
Gujarat hosted the recently concluded ‘Gujarat SemiConnect 2025’ where more than 1,500 delegates, including senior government functionaries, industry leaders, MSMEs, start-ups, incubators, and academia from across the globe, participated. The event was hosted by the department of science & technology and presided over by chief minister Bhupendra Patel and other key stakeholders, including Tata, Micron, and many other world leaders in the Semicon industry. The event provided key insights into policy framework and visionary strategies to shape the future of the semiconductor and electronics sectors.
Mona Khandhar, principal secretary, DST, GOG, said: “A robust semiconductor & ESDM sector has the potential to transform India’s economy, enhance innovation, and strengthen national security. Hosting the second edition of the Gujarat SemiConnect Conference, including Building Local to Global Value Chain, IESA Vision Summit, and ISPEC, underscores the state’s pivotal role in India’s semiconductor revolution and our commitment to establishing Gujarat as a global leader in semiconductor manufacturing."
Dholera-SIR, a burgeoning city in Gujarat, is poised to become a significant hub of economic growth and technological innovation in India. With ambitious plans for a semiconductor city, a bustling international airport, robust semiconductor ecosystem, world-class road infrastructure, Dholera is set to transform the region’s economic landscape and contribute to India’s progress.
In this article, we explore the key aspects of Dholera’s future, including its economic impact, airport growth, semiconductor ecosystem, changing migration patterns, green energy initiatives, the Ahmedabad-Dholera Expressway, and the Garvi Gujarat High-Speed Corridor Project.
By 2047, Dholera’s semiconductor city is projected to contribute an astounding $1 trillion to the Indian economy. This ambitious goal is rooted in the city’s strategic vision to become a global leader in semiconductor manufacturing and technology. The establishment of the semiconductor city will attract significant foreign investment, create thousands of high-paying jobs, and drive economic growth in the region.
The semiconductor industry is critical to modern technology, powering everything from smartphones to advanced medical devices and automobiles. By positioning itself as a key player in this industry, Dholera will not only boost its own economy but also strengthen India’s position in the global technology landscape. The economic benefits will extend beyond the city itself, positively impacting the entire state of Gujarat and the country.
Recently, Tata Electronics announced plans to establish a display manufacturing unit in Dholera, Gujarat, in collaboration with Taiwan’s PSMC and Himax Technologies. This partnership aims to bolster India’s semiconductor chip production and complements Tata’s ongoing semiconductor fabrication plant in Gujarat. The display manufacturing unit will focus on producing display chips for various applications, including televisions, mobile phones, camera image sensors, LEDs, and OLEDs.
The establishment of the display manufacturing unit will have a significant impact on Dholera’s journey towards becoming a global semiconductor and electronics hub. By expanding its presence in the display semiconductor segment, Tata Electronics will enhance Dholera’s capabilities in all three top semiconductor manufacturing segments. This development will attract further investment, create high-paying jobs, and drive technological advancements in the region.
Sunil Ambekar, the Prachar Pramukh of the Rashtriya Swayamsevak Sangh (RSS), steps into the ring on March 19, 2025, and swings hard: “Aurangzeb? He’s not relevant." This statement has only fuelled the chaos surrounding the issue. While RSS supporters are alleged to be flabbergasted, its detractors are said to have mixed reactions — some welcome it, while others dismiss it as “RSS ki saazish".
Decode this: it isn’t some weak plea to calm down—it’s the RSS slamming the door on a 300-year-old corpse dictating India’s pulse. Aurangzeb’s crimes were real and bone chilling but Hindus have to be big enough to let his tomb rot where it stands. Not out of kindness, but because we have got a future to forge, and his dust isn’t worth the sweat.
Without doubt, Aurangzeb – the sixth Mughal emperor (1658–1707) – was a walking terror show. Take Chhatrapati Sambhaji Maharaj, Shivaji’s son, for instance. Captured in 1689, he was tortured beyond belief. His eyes were gouged out, his limbs sliced off, his body torn apart—all because he refused to bow to Islam. This was not a one-off atrocity. Remember Sikh Guru Tegh Bahadur’s beheading in 1675, for defending Kashmiri Pandits from forced conversion!
Then, he razed to the ground thousands of temples, including Kashi Vishwanath in Varanasi and Kesava Deo in Mathura. He imposed the jizya tax, a humiliating shackle on non-Muslims, designed to bleed Hindus dry.
These aren’t just dusty history lessons; they’re a gory testament to a man who spat on India’s pluralistic soul.
Why The RSS Is Right – And It Matters
The overarching objective of these amendments appears to be to strike a better balance between protecting the sanctity of Waqf endowments, ensuring their proper management for the benefit of the community, and upholding the principles of fairness, transparency, and due process for all stakeholders
A significant debate is brewing across India following the recent passage of the ‘Unified Waqf Management, Empowerment, Efficiency, and Development (UMEED) Bill, 2025’ in the Lok Sabha. This legislation aims to overhaul the existing Waqf Act, 1995, a law that, along with its amendments, has been a subject of considerable discussion and, at times, controversy.
Understanding the historical trajectory of Waqf laws in India and the specific concerns surrounding the previous legislation is crucial to grasping the potential impact of this new bill.
The story of codified Waqf laws in India began in 1923 with the Mussalman Waqf Act. This initial step towards regulating religious endowments was followed by the more comprehensive Waqf Act, 1954, enacted in the early years of independent India. However, it was the subsequent amendments, particularly in 1995 and 2013, that significantly shaped the current landscape and fuelled the demand for the reforms proposed in the 2025 bill.
The Waqf Act, 1995, enacted by then Prime Minister P V Narasimha Rao-led Congress Government, marked a turning point by granting quasi-judicial powers to the State Waqf Boards. This empowerment aimed to streamline the process of identifying and managing Waqf properties, reducing the need for protracted civil court battles. Apparently, it seemed like an act of balancing the damage done to the Congress party’s vote bank by the demolition of the Babri Masjid, built over the Ram Janmabhoomi Andolan led by the BJP. However, this very provision became a lightning rod for criticism. Concerns arose that the broad powers vested in the Waqf Boards, in determining whether a property constituted a Waqf, lacked sufficient checks and balances and could be prone to misuse.
These concerns were further amplified by the Waqf (Amendment) Act, 2013, brought in by Sonia Gandhi through the PM Manmohan Singh-led Congress Government. This amendment was perceived by many as granting “draconian powers" to the Waqf Boards. Critics argued that the amended Act broadened the definition of Waqf to such an extent that it allowed for claims on properties with even a historical association with Muslims, regardless of formal Waqf dedication. This raised the spectre of retrospective claims and created significant uncertainty regarding property ownership across the country.
In Surat, Gujarat, the implications of these powers became starkly evident. The claim by the Waqf Board on the 500-year-old administrative building of the Surat Municipal Corporation under the provisions of the 2013 amendment served as a potent illustration of the perceived overreach. This incident ignited widespread debate and highlighted the potential for such claims to impact not only private individuals, but also public institutions and historically significant structures.
Adding to the discourse, the Sachar Committee Report (2006), while focused on the broader socio-economic status of Muslims in India, also touched upon the management of Waqf properties. The committee recommended measures such as the inclusion of non-Muslim experts in Waqf Boards, periodic audits of Waqf finances, and the digitisation of Waqf records to enhance transparency and efficiency. These recommendations underscored the need for improved governance within Waqf institutions.
A central criticism of the Waqf Act, 1995, as amended in 2013, revolved around the limited scope for judicial review of Waqf Board decisions. The quasi-judicial nature of these decisions, coupled with restrictions on challenging them in civil courts, was seen as undermining the principles of natural justice and accountability. Furthermore, the absence of a strict statute of limitations for claiming Waqf property created an environment where claims could be made on properties after decades, leading to insecurity for current owners and hindering development. The pity is that the attachment of any property to Waqf can only be challenged in a Waqf Tribunal, and that consists of Muslim members only.
Dr. Bhimrao Ramji Ambedkar’s life and work remain a powerful testament to the struggle for social justice in India. While his experiences with the caste system deeply shaped his perspective, a closer look reveals a complex figure whose legacy can inspire unity and collaboration in the ongoing pursuit of equality. Dr. Bhimrao Ramji Ambedkar, born Dr. Bhimrao Ramji Ambedkar’s life and work remain a powerful testament to the struggle for social justice in India. While his experiences with the caste system deeply shaped his perspective, a closer look reveals a complex figure whose legacy can inspire unity and collaboration in the ongoing pursuit of equality.
Dr. Bhimrao Ramji Ambedkar, born on April 14, 1891, in Mhow (now Dr. Ambedkar Nagar), Madhya Pradesh, experienced a childhood marked by the social stigma of the Mahar caste, considered “untouchable” at the time.
Childhood and Surname
Born as Bhimrao Ramji Sakpal, his family hailed from Ambadawe town in Ratnagiri district, Maharashtra.
His father, Ramji Maloji Sakpal, was a Subedar in the British Indian Army.
Bhimrao faced severe discrimination in school due to his caste. He and other “untouchable” children were segregated, not allowed to sit inside the classroom, and often denied necessities like water.
His original surname was Ambavadekar, reflecting his ancestral village. However, his Brahmin teacher, Krishnaji Keshav Ambedkar, who was fond of him, changed his surname to Ambedkar in the school records.
Education and Support
After completing his matriculation, he attended Elphinstone College in Bombay (now Mumbai), becoming the first from his community to do so.
A significant turning point came when Maharaja Sayajirao Gaikwad III of Baroda recognized his potential and awarded him a scholarship in 1913 to pursue higher studies in the United States at Columbia University.
He excelled at Columbia University, earning his M.A. and Ph.D. degrees in Economics.
Further support came from the Maharaja of Kolhapur, Chhatrapati Shahuji Maharaj, who also provided financial assistance for Ambedkar’s further studies in London at the London School of Economics and Gray’s Inn for law.
While the primary financial support for his higher education abroad came from Maharaja Sayajirao Gaikwad and later the Maharaja of Kolhapur, it’s important to note that his initial schooling and progress were also supported by his father’s efforts and as mentioned, the kindness of his teacher Krishnaji Keshav Ambedkar, who gave him his surname. The Mahar community also celebrated his academic achievements, signifying their collective aspiration.
It is crucial to acknowledge the profound impact of caste discrimination Ambedkar faced throughout his early life and education. While individuals like Maharaja Sayajirao Gaikwad and his teacher played a vital role in facilitating his access to education, their support arose in a context of widespread social prejudice that Ambedkar had to constantly overcome. His journey to becoming a towering figure was marked by both the generosity of some and the systemic oppression he fought against.
CHAIRPERSON OF THE CONSTITUENT ASSEMBLY DRAFTING COMMITTEE
Ambedkar’s appointment to chair the Drafting Committee of the Constituent Assembly, a body dominated by upper-caste members, stands as a significant moment. It demonstrates a willingness to engage with his experience, expertise and vision for marginalised, acknowledging his unique understanding of social inequalities. This act of inclusion contradicts the narrative of a monolithic, anti-Dalit upper caste Hindu Society, suggesting a more nuanced reality.
The Dalit movements and their patriarchs are often seen ranting against RSS and their leadership of being Brahmanical and pro upper caste, but the fact of the matter is- The Rastriya Swayamsevak Sangh (RSS) has also articulated a commitment to eradicating the caste system. There is no caste mention in a Shakha, every senior worker visit home of a SC/ST Swayamsevak each year with family and vis a versa. The approach may differ from Ambedkar’s, the shared goal provides a foundation for potential collaboration. Many Hindu organizations and individuals actively work towards dismantling caste-based discrimination, reflecting a widespread desire for social reform.
Instead of perpetuating divisions, fostering dialogue and cooperation among those working towards a common goal is crucial. By acknowledging the shared objective of abolishing the caste system, we can create space for constructive engagement and build bridges across communities. This approach honours Ambedkar’s vision of a just society while promoting unity and harmony.
Today a group of ST community is seen showing affiliation towards Muslims but what Dr Ambedkar had expressed about Islam and Christianity is evident of what they are doing today in Bengal.
Ambedkar’s concerns about Islam and Christianity, particularly regarding their potential impact on national loyalty, should be understood within the context of his time. He expressed reservations about the concept of brotherhood being limited to Muslim males in Islam and criticized Christianity’s perceived unscientific fervour. His decision to embrace Buddhism stemmed from his belief that it shared same ethos of inward path to liberation of soul rooted in Indian soil, without the hierarchical structures he found problematic in other religions.
Education and Support
After completing his matriculation, he attended Elphinstone College in Bombay (now Mumbai), becoming the first from his community to do so.
A significant turning point came when Maharaja Sayajirao Gaikwad III of Baroda recognized his potential and awarded him a scholarship in 1913 to pursue higher studies in the United States at Columbia University.
He excelled at Columbia University, earning his M.A. and Ph.D. degrees in Economics.
Further support came from the Maharaja of Kolhapur, Chhatrapati Shahuji Maharaj, who also provided financial assistance for Ambedkar’s further studies in London at the London School of Economics and Gray’s Inn for law.
While the primary financial support for his higher education abroad came from Maharaja Sayajirao Gaikwad and later the Maharaja of Kolhapur, it’s important to note that his initial schooling and progress were also supported by his father’s efforts and as mentioned, the kindness of his teacher Krishnaji Keshav Ambedkar, who gave him his surname. The Mahar community also celebrated his academic achievements, signifying their collective aspiration.
It is crucial to acknowledge the profound impact of caste discrimination Ambedkar faced throughout his early life and education. While individuals like Maharaja Sayajirao Gaikwad and his teacher played a vital role in facilitating his access to education, their support arose in a context of widespread social prejudice that Ambedkar had to constantly overcome. His journey to becoming a towering figure was marked by both the generosity of some and the systemic oppression he fought against.
CHAIRPERSON OF THE CONSTITUENT ASSEMBLY DRAFTING COMMITTEE
Ambedkar’s appointment to chair the Drafting Committee of the Constituent Assembly, a body dominated by upper-caste members, stands as a significant moment. It demonstrates a willingness to engage with his experience, expertise and vision for marginalised, acknowledging his unique understanding of social inequalities. This act of inclusion contradicts the narrative of a monolithic, anti-Dalit upper caste Hindu Society, suggesting a more nuanced reality.
The Dalit movements and their patriarchs are often seen ranting against RSS and their leadership of being Brahmanical and pro upper caste, but the fact of the matter is- The Rastriya Swayamsevak Sangh (RSS) has also articulated a commitment to eradicating the caste system. There is no caste mention in a Shakha, every senior worker visit home of a SC/ST Swayamsevak each year with family and vis a versa. The approach may differ from Ambedkar’s, the shared goal provides a foundation for potential collaboration. Many Hindu organizations and individuals actively work towards dismantling caste-based discrimination, reflecting a widespread desire for social reform.
Instead of perpetuating divisions, fostering dialogue and cooperation among those working towards a common goal is crucial. By acknowledging the shared objective of abolishing the caste system, we can create space for constructive engagement and build bridges across communities. This approach honours Ambedkar’s vision of a just society while promoting unity and harmony.
Today a group of ST community is seen showing affiliation towards Muslims but what Dr Ambedkar had expressed about Islam and Christianity is evident of what they are doing today in Bengal.
Ambedkar’s concerns about Islam and Christianity, particularly regarding their potential impact on national loyalty, should be understood within the context of his time. He expressed reservations about the concept of brotherhood being limited to Muslim males in Islam and criticized Christianity’s perceived unscientific fervour. His decision to embrace Buddhism stemmed from his belief that it shared same ethos of inward path to liberation of soul rooted in Indian soil, without the hierarchical structures he found problematic in other religions.
His ultimate conversion to Buddhism was driven by his desire for a path that promoted equality and social justice within the Indian context. Ambedkar sought a spiritual framework that aligned with his vision of a unified and equitable nation.
It’s vital to remember that Ambedkar’s primary focus was on achieving social justice and equality within India. His concerns about potential divisions were rooted in his deep commitment to national unity. By emphasizing shared goals and promoting dialogue, we can work towards a society where all citizens feel a sense of belonging and equality.
Rather than focusing on past grievances and quarrelling, we should channel our energy into strengthening the efforts of individuals and organizations working towards social harmony. This requires acknowledging the progress made while recognizing the ongoing challenges. By fostering a spirit of collaboration, we can create a society where Ambedkar’s vision of equality becomes a reality.
By acknowledging the positive actions and shared goals of various groups, we can move towards a more inclusive and harmonious society, honouring Ambedkar’s legacy by building a future where all citizens are treated with dignity and respect would be a great tribute to his hardship and wish.
Education and Support
After completing his matriculation, he attended Elphinstone College in Bombay (now Mumbai), becoming the first from his community to do so.
A significant turning point came when Maharaja Sayajirao Gaikwad III of Baroda recognized his potential and awarded him a scholarship in 1913 to pursue higher studies in the United States at Columbia University.
He excelled at Columbia University, earning his M.A. and Ph.D. degrees in Economics.
Further support came from the Maharaja of Kolhapur, Chhatrapati Shahuji Maharaj, who also provided financial assistance for Ambedkar’s further studies in London at the London School of Economics and Gray’s Inn for law.
While the primary financial support for his higher education abroad came from Maharaja Sayajirao Gaikwad and later the Maharaja of Kolhapur, it’s important to note that his initial schooling and progress were also supported by his father’s efforts and as mentioned, the kindness of his teacher Krishnaji Keshav Ambedkar, who gave him his surname. The Mahar community also celebrated his academic achievements, signifying their collective aspiration.
It is crucial to acknowledge the profound impact of caste discrimination Ambedkar faced throughout his early life and education. While individuals like Maharaja Sayajirao Gaikwad and his teacher played a vital role in facilitating his access to education, their support arose in a context of widespread social prejudice that Ambedkar had to constantly overcome. His journey to becoming a towering figure was marked by both the generosity of some and the systemic oppression he fought against.
CHAIRPERSON OF THE CONSTITUENT ASSEMBLY DRAFTING COMMITTEE
Ambedkar’s appointment to chair the Drafting Committee of the Constituent Assembly, a body dominated by upper-caste members, stands as a significant moment. It demonstrates a willingness to engage with his experience, expertise and vision for marginalised, acknowledging his unique understanding of social inequalities. This act of inclusion contradicts the narrative of a monolithic, anti-Dalit upper caste Hindu Society, suggesting a more nuanced reality.
The Dalit movements and their patriarchs are often seen ranting against RSS and their leadership of being Brahmanical and pro upper caste, but the fact of the matter is- The Rastriya Swayamsevak Sangh (RSS) has also articulated a commitment to eradicating the caste system. There is no caste mention in a Shakha, every senior worker visit home of a SC/ST Swayamsevak each year with family and vis a versa. The approach may differ from Ambedkar’s, the shared goal provides a foundation for potential collaboration. Many Hindu organizations and individuals actively work towards dismantling caste-based discrimination, reflecting a widespread desire for social reform.
Instead of perpetuating divisions, fostering dialogue and cooperation among those working towards a common goal is crucial. By acknowledging the shared objective of abolishing the caste system, we can create space for constructive engagement and build bridges across communities. This approach honours Ambedkar’s vision of a just society while promoting unity and harmony.
Today a group of ST community is seen showing affiliation towards Muslims but what Dr Ambedkar had expressed about Islam and Christianity is evident of what they are doing today in Bengal.
Ambedkar’s concerns about Islam and Christianity, particularly regarding their potential impact on national loyalty, should be understood within the context of his time. He expressed reservations about the concept of brotherhood being limited to Muslim males in Islam and criticized Christianity’s perceived unscientific fervour. His decision to embrace Buddhism stemmed from his belief that it shared same ethos of inward path to liberation of soul rooted in Indian soil, without the hierarchical structures he found problematic in other religions.
His ultimate conversion to Buddhism was driven by his desire for a path that promoted equality and social justice within the Indian context. Ambedkar sought a spiritual framework that aligned with his vision of a unified and equitable nation.
It’s vital to remember that Ambedkar’s primary focus was on achieving social justice and equality within India. His concerns about potential divisions were rooted in his deep commitment to national unity. By emphasizing shared goals and promoting dialogue, we can work towards a society where all citizens feel a sense of belonging and equality.
Rather than focusing on past grievances and quarrelling, we should channel our energy into strengthening the efforts of individuals and organizations working towards social harmony. This requires acknowledging the progress made while recognizing the ongoing challenges. By fostering a spirit of collaboration, we can create a society where Ambedkar’s vision of equality becomes a reality.
By acknowledging the positive actions and shared goals of various groups, we can move towards a more inclusive and harmonious society, honouring Ambedkar’s legacy by building a future where all citizens are treated with dignity and respect would be a great tribute to his hardship and wish.
Gopal Goswami, Ph. D is a Researcher, Columnist and Social Worker