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Author

C Raj Kumar

Other affiliations: City University of Hong Kong
Bio: C Raj Kumar is an academic researcher from Global University (GU). The author has contributed to research in topics: Human rights & Corruption. The author has an hindex of 7, co-authored 17 publications receiving 144 citations. Previous affiliations of C Raj Kumar include City University of Hong Kong.

Papers
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Journal ArticleDOI
TL;DR: In this paper, the authors discuss the importance of National Human Rights Institutions (NHRIs) in promoting and protecting economic, social, and cultural rights (ESCRs), and argue that every effort needs to be made by NHRIs to ensure that ESCRs are not neglected by the state.
Abstract: The article discusses the importance of National Human Rights Institutions (NHRIs) in promoting and protecting economic, social, and cultural rights (ESCRs). Every effort needs to be made by NHRIs to ensure that ESCRs are not neglected by the state. There is need for greater interaction between the NHRIs and state agencies to address the potential violations of ESCRs that the state and nonstate actors may be committing by way of * C. Raj Kumar teaches at the School of Law, City University of Hong Kong, Hong Kong, China. He is an Honorary Consultant to the National Human Rights Commission in India. He is also the Chief Executive Officer of Legal Education and Research Society (LEARS), an NGO based in New Delhi. He received the following degrees: B.Com. (Madras), LL.B. (Delhi), B.C.L. (Oxford), LL.M. (Harvard). He was a Rhodes Scholar, University of Oxford, UK; Landon H. Gammon Fellow, Harvard Law School; James Souverine Gallo Memorial Scholar, Harvard University; Visiting Research Fellow, Faculty of Law, Meiji Gakuin University, Tokyo, Japan. He was also a Visiting Researcher, New York University School of Law; Attorney with Weil, Gotshal & Manges, LLP, New York; Consultant and Research Associate, National Human Rights Commission, New Delhi, India. He has held consultancy assignments for the United Nations Development Programme (UNDP) and the United Nations University (UNU). His areas of specialization include international human rights law, law and development, and law and governance, and comparative constitutional law. He has more than seventy publications to his credit and has published widely in law journals in Australia, Hong Kong, Japan, and the United States. This article grew out of a paper that the author presented at the Second Asian Law Institute Conference held at the Faculty of Law, Chulalongkorn University, Bangkok, Thailand, 26–27 May 2005. The author would like to thank the City University of Hong Kong for awarding him the Start-Up Grant and the Strategic Development Grant, which helped immensely in research. The author also appreciates the assistance of research assistants, Elliot Fung, Yiyan Huang, Vincent Wing Yin Sze, and Fouzia Zafar, in writing this article. The author thanks Professors Michael C. Davis, Stephen P. Marks, and Yogesh K. Tyagi for their useful comments on an earlier version of this article. Vol. 28 756 HUMAN RIGHTS QUARTERLY their policies or lack of policies. The article argues that the NHRIs need to operationalize their programs, including the processes relating to investigation of allegations of human rights violations and examination of policies and actions by government agencies, in a manner that takes full account of the implementation of ESCRs. This involves at various levels a fundamental reexamination of the role of NHRIs, particularly when the enabling legislation, constitution of a particular country, the courts, and other legal institutions have not previously supported the notion of NHRIs engaging in the promotion and protection of ESCRs.

28 citations

Journal ArticleDOI
TL;DR: According to the Global Corruption Report 2003, prepared by Transparency International, India is ranked 71st out of 102 countries in the Corruption Perception Index, 2002 as mentioned in this paper, which suggests that only seventeen percent of funds allocated by the government for poverty reduction finally reach the poor.
Abstract: Corruption is an all-pervasive phenomenon in the administrative system of India. It has reached such alarming proportions that the entire governance structure of India is affected by the social, economic and political consequences of corruption, leading to the misallocation of resources. Corruption affects India at all levels of decision-making and in the distribution of the state’s largesse. According to the Global Corruption Report 2003, prepared by Transparency International, India is ranked 71st out of 102 countries in the Corruption Perception Index, 2002. Corruption is a major obstacle to development. In the context of India, there are estimates, which suggest that only seventeen percent of funds allocated by the government for poverty reduction finally reach the poor. Former Prime Minister Rajiv Gandhi estimated that only 15 paisa of 1 rupee spent by the government on anti-poverty programs actually reached the intended beneficiaries. Furthermore, out of the remaining 85 paisa, at least 40 paisa went into overheads and administrative costs, while 45 paisa disappeared into the corruption column. Corruption in India not only poses a significant danger to the quality of governance, but also threatens in an accelerated manner the very foundation of India’s democracy, rule of law and statehood. There have been efforts taken at different levels in India to tackle the problem.”‘ Until recently, most of these efforts have tended to focus on the problem of corruption from the standpoint of criminal law. Law enforcement agencies have been targeting corruption at different levels of government -central, state and local- to punish the wrongdoers.

19 citations

Journal ArticleDOI
TL;DR: In this paper, the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization and examines how the private sector in India can contribute to imparting legal education in public service.
Abstract: Legal education plays an important role in developing lawyers who act as social engineers and work towards the cause of nation building. In a globalized world, law schools face the challenges of increased foreign competition and reduction of the role of the state. At the same time, globalization affords space for re-examining higher education systems by affording opportunity for establishing global universities with international collaborations and programs. This article examines the role of law schools in India and proposes reforms in Indian legal education system in the light of globalization. It examines how the private sector in India can contribute to imparting legal education in public service. Keeping in tune with the developments brought about by globalization, the article proposes setting up global universities with global curricula, faculty, and programs. This article also examines the challenges before the Indian legal education system, including the need to develop good infrastructure, the difficulties in hiring good quality faculty and attracting young lawyers to a career in academia, the lack of research initiatives within Indian law schools, and the lack of academic freedom available to faculty members. The article addresses how a global university can overcome these challenges, creating an environment that promotes teaching, learning, and researching in a manner that inspires future lawyers to work toward establishing a rule of law society in India.

17 citations

Posted Content
TL;DR: The authors examine the evolution of Indian jurisprudence on this matter, which has been quite favorable for defendants, but then move beyond this line of inquiry by empirically evaluating whether the positive court rulings have translated into tangible changes for the criminally-accused.
Abstract: Criminal law scholars regularly maintain that American prisons are overcrowded and that defendants in custody wait long periods of time before having their cases brought to trial. A similar refrain is made of the penal process in India – the world’s largest democracy, an ally of the United States, and a country with a judiciary that has drawn upon American criminal procedure law. In fact, the situation in India is thought to be much worse. Accounts of prisoners languishing behind bars for several years – and sometimes decades – awaiting their day in court are not uncommon. And many Indian prisons are one hundred-to-two hundred percent over-capacity, where conditions are squalid and weaker inmates face serious physical harm. In this study, we examine the current state of the Indian criminal justice system. Beginning in 1979, the Indian Supreme Court, referencing the American Constitution’s Sixth Amendment, held that defendants had a fundamental right to a speedy trial. We examine the evolution of the Indian jurisprudence on this matter, which has been quite favorable for defendants, but then move beyond this line of inquiry by empirically evaluating whether the positive court rulings have translated into tangible changes for the criminally-accused. As our findings suggest, there exists a major gap in India between these encouraging judicial pronouncements and how this right plays-out in reality, which we believe provides an important perspective for comparative and criminal law scholars.

16 citations


Cited by
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01 Jan 2014
TL;DR: In this paper, Cardozo et al. proposed a model for conflict resolution in the context of bankruptcy resolution, which is based on the work of the Cardozo Institute of Conflict Resolution.
Abstract: American Bankruptcy Institute Law Review 17 Am. Bankr. Inst. L. Rev., No. 1, Spring, 2009. Boston College Law Review 50 B.C. L. Rev., No. 3, May, 2009. Boston University Public Interest Law Journal 18 B.U. Pub. Int. L.J., No. 2, Spring, 2009. Cardozo Journal of Conflict Resolution 10 Cardozo J. Conflict Resol., No. 2, Spring, 2009. Cardozo Public Law, Policy, & Ethics Journal 7 Cardozo Pub. L. Pol’y & Ethics J., No. 3, Summer, 2009. Chicago Journal of International Law 10 Chi. J. Int’l L., No. 1, Summer, 2009. Colorado Journal of International Environmental Law and Policy 20 Colo. J. Int’l Envtl. L. & Pol’y, No. 2, Winter, 2009. Columbia Journal of Law & the Arts 32 Colum. J.L. & Arts, No. 3, Spring, 2009. Connecticut Public Interest Law Journal 8 Conn. Pub. Int. L.J., No. 2, Spring-Summer, 2009. Cornell Journal of Law and Public Policy 18 Cornell J.L. & Pub. Pol’y, No. 1, Fall, 2008. Cornell Law Review 94 Cornell L. Rev., No. 5, July, 2009. Creighton Law Review 42 Creighton L. Rev., No. 3, April, 2009. Criminal Law Forum 20 Crim. L. Forum, Nos. 2-3, Pp. 173-394, 2009. Delaware Journal of Corporate Law 34 Del. J. Corp. L., No. 2, Pp. 433-754, 2009. Environmental Law Reporter News & Analysis 39 Envtl. L. Rep. News & Analysis, No. 7, July, 2009. European Journal of International Law 20 Eur. J. Int’l L., No. 2, April, 2009. Family Law Quarterly 43 Fam. L.Q., No. 1, Spring, 2009. Georgetown Journal of International Law 40 Geo. J. Int’l L., No. 3, Spring, 2009. Georgetown Journal of Legal Ethics 22 Geo. J. Legal Ethics, No. 2, Spring, 2009. Golden Gate University Law Review 39 Golden Gate U. L. Rev., No. 2, Winter, 2009. Harvard Environmental Law Review 33 Harv. Envtl. L. Rev., No. 2, Pp. 297-608, 2009. International Review of Law and Economics 29 Int’l Rev. L. & Econ., No. 1, March, 2009. Journal of Environmental Law and Litigation 24 J. Envtl. L. & Litig., No. 1, Pp. 1-201, 2009. Journal of Legislation 34 J. Legis., No. 1, Pp. 1-98, 2008. Journal of Technology Law & Policy 14 J. Tech. L. & Pol’y, No. 1, June, 2009. Labor Lawyer 24 Lab. Law., No. 3, Winter/Spring, 2009. Michigan Journal of International Law 30 Mich. J. Int’l L., No. 3, Spring, 2009. New Criminal Law Review 12 New Crim. L. Rev., No. 2, Spring, 2009. Northern Kentucky Law Review 36 N. Ky. L. Rev., No. 4, Pp. 445-654, 2009. Ohio Northern University Law Review 35 Ohio N.U. L. Rev., No. 2, Pp. 445-886, 2009. Pace Law Review 29 Pace L. Rev., No. 3, Spring, 2009. Quinnipiac Health Law Journal 12 Quinnipiac Health L.J., No. 2, Pp. 209-332, 2008-2009. Real Property, Trust and Estate Law Journal 44 Real Prop. Tr. & Est. L.J., No. 1, Spring, 2009. Rutgers Race and the Law Review 10 Rutgers Race & L. Rev., No. 2, Pp. 441-629, 2009. San Diego Law Review 46 San Diego L. Rev., No. 2, Spring, 2009. Seton Hall Law Review 39 Seton Hall L. Rev., No. 3, Pp. 725-1102, 2009. Southern California Interdisciplinary Law Journal 18 S. Cal. Interdisc. L.J., No. 3, Spring, 2009. Stanford Environmental Law Journal 28 Stan. Envtl. L.J., No. 3, July, 2009. Tulsa Law Review 44 Tulsa L. Rev., No. 2, Winter, 2008. UMKC Law Review 77 UMKC L. Rev., No. 4, Summer, 2009. Washburn Law Journal 48 Washburn L.J., No. 3, Spring, 2009. Washington University Global Studies Law Review 8 Wash. U. Global Stud. L. Rev., No. 3, Pp.451-617, 2009. Washington University Journal of Law & Policy 29 Wash. U. J.L. & Pol’y, Pp. 1-401, 2009. Washington University Law Review 86 Wash. U. L. Rev., No. 6, Pp. 1273-1521, 2009. William Mitchell Law Review 35 Wm. Mitchell L. Rev., No. 4, Pp. 1235-1609, 2009. Yale Journal of International Law 34 Yale J. Int’l L., No. 2, Summer, 2009. Yale Journal on Regulation 26 Yale J. on Reg., No. 2, Summer, 2009.

1,336 citations

Book
30 Nov 2006
TL;DR: The first half century of the 20th century as mentioned in this paper has seen the development of convention compliance, the applications and enforcement of judgment processes, the method of adjudication, and the jurisprudence.
Abstract: The first half century -- Convention compliance -- The applications and enforcement of judgment processes -- The method of adjudication -- The jurisprudence -- Improving compliance.

124 citations

Journal ArticleDOI
TL;DR: For example, the authors argues that the government's "War on Terror" since 9/11 has increasingly seen the intrusion of the state into cultural, and especially religious, matters of minority populations, overwhelmingly among Muslims, in Australia.
Abstract: Since their introduction to Australia in the early 1970s, the politics of multiculturalism have entailed a degree of state control over the cultural affairs of (principally immigrant) ethnic communities. This was largely obtained by consent rather than coercion, and this consent was often purchased with various forms of state resourcing for community needs, with a measure of coercion attached to the threat, where necessary, of funding withdrawals. Beyond the basic framework of liberal-democratic norms, very little of the ground rules for the acceptable practice of minority culture were inscribed in legislation or state pronouncements. The pursuit of the ‘War on Terror’ since 9/11 has increasingly seen the intrusion of the state into cultural, and especially religious, matters of minority populations, overwhelmingly among Muslims, in Australia. Pronouncements are now routinely made by political leaders of what is acceptable in a sermon, for example, and what is ‘extreme’, ‘radical’ or unacceptable. Religious leaders themselves have been identified by state actors as exemplary or beyond the pale and to be replaced. The government has involved itself in the process of selection of religious representatives, and made strong representations about the selection of leaders and their necessary attributes, such as fluency in English, attitudes favouring ‘integration’, beliefs in women's rights, positive disposition towards the alliance with the United States, and so on. There have also been government demands for ethnic/religious schools to teach ‘Australian values’. At present there is no legal basis for such prescription and proscription, which operates rather by hectoring and harassment and the implied conditionality of the remnants of multicultural funding. All of this action can be shown to be discriminatory, in that it is directed only towards Muslims. It also represents a dangerous trend in terms of undermining the right to religious freedom, enshrined in a number of international treaties to which Australia is a signatory.

99 citations

BookDOI
01 Jan 2013
TL;DR: In this article, the authors examine le concept de la justiciabilite and conclut a leur caractere directement applicable, that confirment notamment le Protocole facultatif se rapportant au Pacte ONU I (communications individuelles) and la jurisprudence sur reclamations collectives afferente a la Charte sociale europeenne.
Abstract: Les droits economiques, sociaux et culturels passent souvent pour etre programmatoires, couteux et non-justiciables. Cette conception, encore tres repandue en Suisse, n'a desormais plus lieu d'etre. La presente these situe, a titre liminaire, ces droits de l'Homme dans leur contexte historique, en rappelant les prejuges dont ils font l'objet. Refutant systematiquement ces poncifs, elle demontre, en deuxieme lieu, que droits sociaux et civils partagent la meme nature, engendrent des types d'obligations identiques (respect, protection, mise en oeuvre), et doivent partant etre soumis au meme regime juridique ainsi que beneficier de la meme reconnaissance par les autorites et par la Societe. En troisieme et dernier lieu, l'etude examine le concept de la justiciabilite. L'appliquant aux droits sociaux, elle conclut a leur caractere directement applicable, que confirment notamment le Protocole facultatif se rapportant au Pacte ONU I (communications individuelles) et la jurisprudence sur reclamations collectives afferente a la Charte sociale europeenne.

91 citations