MASTER OF LAWS IN HUMAN RIGHTS DEPARTMENT OF LAW SCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR

Transcription

1 MASTER OF LAWS IN HUMAN RIGHTS DEPARTMENT OF LAW SCHOOL OF LEGAL STUDIES CENTRAL UNIVERSITY OF KASHMIR 1

2 FIRST SEMESTER Foundation Courses Configuration of LL.M syllabi (Human Rights) as per CBCS LLM-C101 Paper I Law and Social Transformation in India LLM-C102 Paper II Indian Constitutional Law: The New Challenges Specialization Courses LLM-E101 Human Rights: Theoretical Perspectives LLM-E102 Public International Law SECOND SEMESTER Foundation Courses LLM-C201 Paper I Legal Education and Research Methodology Specialization Courses LLM-E201 Paper II Human Rights: International legal framework LLM-E202 Paper III International Humanitarian Law Optional Courses LLM-E203 Paper IV - Human Rights & Vulnerable Groups/ People s & Third Generation of Human rights THIRD SEMESTER Foundation Courses LLM-C301 Paper I Human Rights & Duties within Indian Constitutional Framework Paper IV Project Work Specialization Courses LLM-E302 Paper II Human Rights and Criminal Justice System Optional Courses LLM-201 Paper III Minorities and Human Rights/ Human Rights and Socially & Economically Disadvantaged People FOURTH SEMESTER Foundation Courses Paper I Internship (Teaching Assignment) Paper II Dissertation 2

3 Group HUMAN RIGHTS FIRST SEMESTER Paper Subject Credits Total marks 100 Internal External LLM-C101 Paper I Law and Social Transformation in India* LLM-C102 Paper II Indian Constitutional Law: The New Challenges* LLM-E101 Human Rights: Theoretical Perspectives LLM-E102 Public International Law SECOND SEMESTER LLM-C201 Paper I Legal Education and Research Methodology* LLM-E201 Paper II Human Rights: International legal framework LLM-E202 Paper III international Humanitarian Law LLM-E203 Paper IV - Human Rights & Vulnerable Groups/ People s & Third Generation of Human rights THIRD SEMESTER LLM-C301 Paper I Human Rights & Duties within Indian Constitutional Framework* LLM-E302 Paper II Human Rights and Criminal Justice System LLM-201 Paper III Minorities and Human Rights/ Human Rights and Socially & Economically Disadvantaged People Paper IV Project Work* FOURTH SEMESTER Paper I Internship (Teaching Assignment)* 08 Total Marks 200** Paper II Dissertation* 08 Total Marks 200*** * Foundation Courses ** 40% marks will be allocated to the feedback and 60% marks will be awarded on the basis of teaching material. *** 75% marks are allocated for evaluation of Dissertation and 25% marks for viva-voice of Dissertation. 3

4 Name of the Course: Master of Laws (LLM) in Human Rights Duration: Four Semesters Course Structure of the LLM Programme in Human Rights Credits for each paper/course: 4 There are Core Papers and Elective Papers 4

5 PAPER I HUMAN RIGHTS: THEORETICAL PERSPECTIVES Objective: The subject matter of this paper is to familiarize students with underlying concepts & theories of Human rights based on Classical, Medieval and Modern thought. Appreciation of Human Rights from present day political philosophies also remains part of this paper. Unit I Why & what are Human Rights Various Generations of Human Rights Justifications of Human Rights Unit II Naturalist Theories Positivist and Utilitarian Doctrine Unit III Minimalist view Marxist Doctrine Unit IV Rawls Dworkin & Gewrith on Human Rights Human Rights from Religious Perspective Prescribed Texts: * Berlin, Two Concepts of Liberty * J Shestack, Jurisprudence of Human Rights * M.Cranston, What are Human Rights * R. Dworkin, Taking Rights Seriously * A. Gewirth, Reason and Morality 5

6 PAPER II PUBLIC INTERNATIONAL LAW Unit I Definition, Nature, Characteristics & Development Sources, Law of Treaties Unit II International Law and Municipal Law Theories Municipal Law at International Forums International Law before Municipal Courts Unit III State Responsibility Imputability, Treatment of Aliens Obligations ergaomnes State Responsibility of Inhuman Acts State Responsibility for Violation of Human Rights Abuses Unit IV Use of Force and Humanitarian Intervention Settlement of International Disputes International Court of Justice Prescribed Texts: *Wallace, INTERNATIONAL LAW * Starke, Introduction to International Law * Shaw, International Law * Brownlee, International Law *Gurdip Singh, INTERNATIONAL LAW, * Harris, Cases and Materials on International Law 6

7 PAPER - III HUMAN RIGHTS:INTERNATIONAL LEGAL FRAMEWORK Objective: This paper is aimed at providing an insight of the existing legal framework of human rights at international level. The paper also includes a study of various regional systems along with mechanisms for implementation of human rights at regional and international level. Unit I UN Charter & Human Rights 1. International Bill of Human Rights 2. Universal Declaration of Human Rights 3. Covenant on Civil & Political Rights 4. Covenant on Economic Social & Cultural Rights Unit II Human Rights & Inhuman Acts 1. Convention against Torture 2. Genocide 3. Apartheid 4. Forced Labor 5. Trafficking of Humans Unit III Human Rights & Regional Arrangements 1. European System 2. American System 3. African System 4.Possibilities of an Asian System Unit IV Enforcement Mechanisms 1. UN Based Systems: U.N.Human Rights Council 2.Treaty Based Systems 3.Role of NGO's Prescribed Texts: * MerrilisHuman Rights in the World: An Introduction to the Study of the International Protection of Human Rights * Human Rights In International Law;Legal& Policy Issues,Meron,Clarendon Press Oxford. * Kapoor, International Law & Human Rights * Agarwal, Human Rights * South Asian Documentation Center on Human Rights, Human Rights & Humanitarian Law,Oxford. 7

8 PAPER IV INTERNATIONAL HUMANATARIANLAW Objective: The paper concentrates on an in-depth study of Human Rights during Emergency Situation & International Humanitarian law and its application through various institutions. Human Rights during emergency Situations Derogation Clauses in International Instruments Fundamental Rights & Emergency provisions in the Constitution of India.Human Rights &Security related legislations AFSPA,DA,PSA, NSA. Terrorism and Human Rights. Unit I International Humanitarian Law: Historical Context 1. Confluence of Hague & Geneva Streams 2. Interplay of Human Rights & Humanitarian Law 3. Character of Humanitarian Law Unit II Protection of Wounded & Sick 1. Geneva Convention I & II 2. Prisoners of war & Civilian Detainees 3. Convention III & Relevant Provisions of Protocols 4. Protection of Civilians 5. Geneva Convention IV & Protocol I & II 6. Limitations on Means & methods of Warfare Unit III Enforcement of Humanitarian Law 1. Peace Time obligations of Parties 2. Nuremberg and Tokyo Tribunals 3. War Crime Tribunals of former Yogoslvia&Rawanda 4. International Criminal Courts Unit IV Impact of Emergency & Internal Armed Conflict upon Fundamental Rights 1. Security related legislations & their Impact upon Human Rights 2. AFSPA, DA, PSA, NSA 3. Human Rights& War on Terror Prescribed Readings: *Constraints on Waging Of War( An Introduction to International Humanitarian Law,Frits LiesbeithZegveld,ICRC * Geneva Conventions & Protocols * International Humanitarian Law, Hans Haup,PaulHaupt, Vienna * International Humanitarian Law, A Reader For South Asia, LarryMaybee&Banarji,ICRC, India. * How Does Law Protect In War?, Marco Sassoli& Antoine A. Bovier. 8

9 PAPER V HUMAN RIGHTS & VULNERABLE GROUPS Though human beings in general have remained victims of human rights abuses certain groups are more exposed to such violations on account of certain inherent weakness associated with them. On account of this vulnerability special laws have been provided to protect the rights of these groups. The paper is intended to provide an in-depth understanding of these laws in order to enable the students to undertake projects to explore their vulnerability and implementation of laws pertaining to them. Unit I Women Unit II Children Unit III Refugees &Minorities Unit IV Disabled Prescribed Readings: * Law Relating to Women & Children, Mamta Rao * Law Relating to Women & Children,Tripathi& Arora * Human Rights And Refugee Law,James C. Hathaway * The Refugee in International Law -Guy S. Goodwin-Gill and Jane McAdam * International Law and the Rights of Minorities, Patrick Thornberry * Disability Civil Rights Law & Policy,Peter Blanck& Eve Hill * Legal Status of the Refugees in India,Swananda Banerjee,KIIT University 9

10 PAPER VI HUMAN RIGHTS & DUTIES WITHIN INDIAN CONSTITUTIONAL FRAMEWORK Objective: The Indian constitution provided elaborate provisions in the form of Fundamental Rights & Directive Principles along with remedies for their enforcement even before coming into existence of various Human Rights instruments at the international level The Constitution was further nuanced to deal with individual -state relation by adding provisions on fundamental duties, a practice that already prevailed within certain regions of the world. The paper is aimed at familiarization of a student with this aspect of the Indian Constitution along with its applicability during emergencies. General idea about fundamental rights and the authorities against which they are available. Unit I Fundamental Rights under the Indian Constitution-I Principle of Equality - Articles 14, 15, 16 Right to Freedoms- Article 19 UNIT II Fundamental Rights under the Indian Constitution-II Life & Liberty- Articles Religious and Cultural Identity Articles UNIT III Enforcement: Judicial and Non-Judicial High Courts Article 226 Supreme Court Article 32 National Human Rights Commission Protection of Human Rights Act 1994 State Human Rights Commission J&K-Protection of Human Rights Act, 1997 UNIT IV Directive Principles of State Policy & Fundamental Duties Directive Principles of State Policy Articles Fundamental Duties Article-51-A. Prescribed Readings: Constitution of India-J.N.Pandey V.N.Shukla s Constitution of lndia- M.P.Singh Constitution of India. M.P.Jain Constitution of India- H.M.Seervai Constitution and Human Rights- D.D.Basu Human Rights and the Indian Constitution- Dr. S.S.Dhaktode 10

11 PAPER VII HUMAN RIGHTS AND CRIMINAL JUSTICE SYSTEM Unit I 1.1 Historical, Philosophical and Social Perspective 1.2 Concept of crime and criminal liability 1.3 Offences involving Human Rights 1.4 Role of Criminal Justice System Unit II 2.1 Human Rights Problems 2.2 Police Atrocities and Accountability 2.3 Violence against Women and Children 2.4 Communal Violence, Terrorism and Insurgency Unit III 3.1 Rights to Accused 3.2 Rights of Inmates of Prison and Custodial Homes 3.3 Rights to Legal Aid and Access to Justice 3.4 Compensation to Victims of Crime Unit IV 4.1 Punishment and Human Rights 4.2 Administration of Criminal Justice: ordinary courts, special courts, district human rights courts, Nyaya panchayats 4.3 International Perspectives: International crimes and International terrorism Palermo Convention on Transnational Organized Crime 2000; Convention against illicit trafficking in Narcotics and Psychotropic substances, ; Extradition and mutual assistance in criminal proceedings; International criminal courts Suggested Readings: 1. SAHRDC, Human Rights and Criminal Justice, Oxford Publications, Third Edition 2. Ben Emmerson, Human Rights and Criminal Justice, Sweet and Maxwell, Anthony Amatrado, Human Rights and the Criminal Justice Justice, Routledge, Noorjahan Bawa, Human Rights and Criminal Justice Administration in India, Uppal Publishing House, Leanne Weber, Crime, Justice and Human Rights, Palgrave Macmillan, Jonathan Doak, Victim s Rights, Human Rights and Criminal Justice: Re-conceiving, Bloomishburg,

12 PAPER VIII MINORITIES AND HUMAN RIGHTS Unit I Conceptual Perspective 1. Historical, Philosophical and Social Perspectives 2. Minorities as a Socio-Economic-Religious-Linguistic Concept; Regional Minorities Unit II International Protection of Minorities 1. Declaration on the Rights of Persons belonging to National or Ethnic, Religious and Linguistic Minorities 1992; Racial Discrimination Convention Minority Rights under International and Regional Human Rights Instruments. 3. Indigenous People and Contemporary discourse related to Trans Genders. 4. UN Sub-Commission on Minorities; Committees under the Racial Discrimination Convention Unit III Institutional Mechanisms 1. League of Nations &United Nations 2. Treaty based Institutions 3. Non-Governmental Organizations 4. Role of Media. Unit IV Rights of Minorities in India 1. Constitutional Framework: a) Fundamental rights; b) Special Provisions under Indian Constitution 2. Special Laws and Policies: a) National Commission for Minorities Act 1992, b) Caste (Disabilities Removal) Act 1950, c) Policy of Secularism and Polities of Minorities Suggested Readings International Law and the Rights of Minorities- Patrick Thornberry. Ethnicity, Nationalism and Minority Rights.- May, Stephen, Tariq Modood, and Judith Squires, eds. Minority Groups and Judicial Discourse in International Law: A Comparative Perspective.- Pentassuglia, Gaetano Minorities, Islam and Nation States- Dr Sheikh Showkat Hussain. 12

13 PAPER- IX HUMAN RIGHTS: SOCIALLY & ECONOMICALLY DISADVANTEGED PEOPLE Unit I Philosophical and Social Perspectives 1. Role of Gandhi and Ambedkar; Socio-Economic thoughts of Marx and Amartya Sen 2. Identification of Disadvantaged People 3. Economic and Social Inequalities: Land Rights, Rural Indebtedness, Impact of Forest Law on Tribal Community, Bonded Labour, Issues of Human Dignity Unit II Constitutional Protection 1. Fundamental Rights (Relevant to SC/ST) and Directive Principles of State Policy 2. Special Protection under the Indian Constitution Unit III Laws and Policies 1. Protection of Civil Rights Act 1955; Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989, Employment of Manual Scavenges and Construction of Dry Latrines (Prohibition) Act Policies of Reservations, Special Drives and Schemes Unit IV Institutional Mechanisms 1. National Commissions, State Commissions 2. Non-Governmental Organisations 3. Information media 4. International Norms Relating to Tribal and Other Indigenous Groups Prescribed Readings: * Law Relating to Women & Children, Mamta Rao * Law Relating to Women & Children,Tripathi& Arora * Human Rights And Refugee Law,James C. Hathaway * The Refugee in International LawGuy S. Goodwin-Gill and Jane McAdam * International Law and the Rights of Minorities, Patrick Thornberry * Disability Civil Rights Law & Policy,Peter Blanck& Eve Hill * Legal Status of the Refugees in India,Swananda Banerjee,KIIT University 13

14 PAPER - X PEOPLE S & THIRD GENERATION OF HUMAN RIGHTS Unit I Conceptual Perspective I. Idea of First, Second & Third Generation of Human Rights 2. Right to Peace, Right to Environment, Right to Development. Unit II Origin and Development of the Concept 1. Meaning of Self-Determination 2. External and Internal Self-Determination 3. New Dimensions and Emerging Debates 4. Theories of Self-Governance: Kant, Locke, Rousseau and Marx 5. Proponent of Pluralism: Maciver and Laski, Mahatma Gandhi 6. Issues of Legitimacy of State and Forms of Governance Unit III Historical Perspective 1. Age of Colonial Empire: Nationalism and Statehood 2. Emergence of the Principle of Self-Determination: Mandate Territories, Trust Territories, Non-Self Governing States: Debate concerning Domestic Jurisdiction 3. People s right of self-determination Unit IV Self-Determination in International Relation 1. Common Article 1 of the International Covenants on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights 2. UN Declaration on the Granting of Independence to Colonial Countries and Peoples 3. UN Declaration on the Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations 4. Charter of Economic Rights and Duties of States Suggested Readings: 1. Self Determination in Law and Practice- Michila Pomerance 2. Minorities, Minority Rights and Internal Self Determination-Ulrike Barten 3. The Right to Self-determination Under International Law- Milena Sterio 4. Self-determination and National Minorities- Thomas D Musgrave 5. Human rights and development- Alston, Philip And Robinson Mary 6. Peoples Right- Alston, Philip 14