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State of Educational Rights of Inmate Dependent Children: A Case Study of Prisons in Khyber Pakhtunkhwa, Pakistan 囚犯受抚养子女的受教育权状况:以巴基斯坦开伯尔-普赫图赫瓦监狱为例
Pub Date : 2022-06-30 DOI: 10.52279/jlss.04.02.286297
T. Rani, Dr. Muhammad Ilyas Khan, Dr. Shagufta Perveen
Children, who are retained by imprisoned women (mothers), face several issues, including deprivation of their right to education. Imprisonment of women with dependent children often results in the impingement of child rights, including their right to education under Article 25(A) of the Constitution of the Islamic Republic of Pakistan, 1973. The retention of children above the age of six by imprisoned women under Pakistan Prison Rules 1978 is a violation of Article 25(A) of the constitution. The current paper analyzes the educational facilities available to the dependent children of female prisoners with reference to international standards and statutory laws. The paper adopts qualitative research design and interviews-based data obtained from women prisoners and jail authorities has been used. The study concludes that there is lack of proper mechanisms and facilities for safeguarding the educational rights of dependent children in prisons. The study has substantial implications for political, educational and administrative leadership in the Pakistani context and for leadership with similar contexts elsewhere.
被监禁的妇女(母亲)收养的儿童面临若干问题,包括被剥夺受教育的权利。监禁有受抚养子女的妇女往往会侵犯儿童权利,包括根据1973年巴基斯坦伊斯兰共和国宪法第25(A)条规定的受教育权。根据1978年《巴基斯坦监狱规则》,被监禁的妇女扣留6岁以上的儿童违反了《宪法》第25(a)条。本文参照国际标准和成文法对女犯人受抚养子女的教育设施进行了分析。本文采用定性研究设计,并使用了从女性囚犯和监狱当局获得的访谈数据。该研究的结论是,缺乏适当的机制和设施来保障监狱中受抚养儿童的教育权利。这项研究对巴基斯坦的政治、教育和行政领导以及其他地方类似情况下的领导具有重大意义。
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引用次数: 0
Racism and International Human Rights Law 种族主义与国际人权法
Pub Date : 2022-06-30 DOI: 10.52279/jlss.04.02.306315
Dr. Abida Hassan, Muhammad Irshad Ijaz, Sadia Saeed Rao
Racism is as old as human history. It gives rise to different shapes such as race, caste, color, creed, nationality and origin. Ancient philosophers, namely, Aristotle, Rousseau, Hobbes and Locke have been against racism and supported humanity. Discrimination against humanity is a dark chapter for human rights. Art 1(3) of UN declaration presents to accomplish global collaboration by promoting and encouraging reverence for all human freedoms and rights devoid of difference as to race, sex, language or religion. Art 2 of UDHR speaks that “every person is entitled for all the rights and liberties mentioned in this declaration, without any sorts of distinction.’ 20th Century witnessed the abolition of slavery and trafficking of men in all forms. All the constitutions of the world have provisions of fundamental human rights without any discrimination and distinction, more than that, the Holy Quran and the Sunnah of the Prophet Muhammad (PBUH) as well as his Last Sermon are the sources of fundamental rights, equality of all races with reference to ancient and modern laws of the world.
种族主义和人类历史一样古老。它产生了不同的形态,如种族、种姓、肤色、信仰、国籍和出身。亚里士多德、卢梭、霍布斯、洛克等古代哲学家反对种族主义,支持人道主义。对人类的歧视是人权的黑暗篇章。《联合国宣言》第1(3)条提出,通过促进和鼓励尊重所有人类自由和权利,不分种族、性别、语言或宗教,实现全球合作。《世界人权宣言》第二条规定:“人人有权享有本宣言所述的一切权利和自由,不得有任何区别。20世纪见证了奴隶制和各种形式的人口贩卖的废除。世界上所有的宪法都没有任何歧视和区别地规定了基本人权,更重要的是,古兰经和先知穆罕默德的圣训以及他的最后一次布道是所有种族的基本权利和平等的来源,参考了古代和现代的世界法律。
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引用次数: 0
Region-wise comparative analysis of multi-dimensional poverty in Khyber Pakhtunkhwa 开伯尔-普赫图赫瓦省多维贫困的区域比较分析
Pub Date : 2022-06-30 DOI: 10.52279/jlss.04.02.262278
N. Ahmad, J. Iqbal, Z. Haq
While there is no specific definition of poverty, it is now increasingly being considered as a multi-dimensional phenomenon instead of a unidimensional concept such as lack of income. This study delves into a region-wise comparative analysis of poverty in the northwestern province of Pakistan, Khyber Pakhtunkhwa, which borders Afghanistan and has been witnessing drastic implications of the war against terrorism in Afghanistan. PSLM/HIES 2018-19 data from the Pakistan Bureau of Statistics has been used in the study which has a sample size of 4464 households from the province of Khyber Pakhtunkhwa. The study incorporates ten key dimensions of poverty into the construction of multi-dimensional poverty index as per the Alkire-Foster methodology. The findings of the study reveal that the average poverty rate in the province is about 50 percent. The divisions of Bannu, Malakand, and D. I. Khan are the poorest regions in the province, whereas, as expected, the divisions of Peshawar and Mardan are the least poor. Our results also indicate that rural areas of the province have more severe poverty as compared to urban areas of the province.
虽然贫穷没有具体的定义,但现在越来越被认为是一个多方面的现象,而不是像缺乏收入这样的单一概念。本研究深入研究了巴基斯坦西北部省份开伯尔-普赫图赫瓦省的贫困地区对比分析,该省与阿富汗接壤,并见证了阿富汗反恐战争的巨大影响。该研究使用了巴基斯坦统计局的PSLM/HIES 2018-19年的数据,该研究的样本量为开伯尔-普赫图赫瓦省的4464户家庭。本研究根据阿尔凯尔-福斯特方法,将贫困的十个关键维度纳入多维贫困指数的构建中。研究结果显示,该省的平均贫困率约为50%。班努区、马拉坎德区和迪汗区是该省最贫穷的地区,而正如所料,白沙瓦区和马尔丹区是最贫穷的地区。我们的研究结果还表明,与该省城市地区相比,该省农村地区的贫困更为严重。
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引用次数: 0
The Impact and Evidentiary Value of DNA Technology in Paternity Disputes with Special Reference to Pakistan & India DNA技术在亲子纠纷中的影响及证据价值——以巴基斯坦和印度为例
Pub Date : 2022-06-30 DOI: 10.52279/jlss.04.02.298305
Ishfaq Ahmad, Muhammad Arif Saeed, Muhammad Faisal
This paper underlines that DNA technology is globally considered a useful and effective forensic tool in paternity disputes and obtaining scientific accuracy. More significantly, the judges and the superior courts of developing countries have relied on the evidentiary value of DNA testing. Nonetheless, they have expressed significant hesitation in approving DNA tests or accepting DNA evidence in some cases, citing legal or constitutional prohibitions as justifications. Because there is a lack of clear policies and efficient procedures, legality of DNA technology is generally determined by judicial discretion. However, contrasting Supreme Court rulings in Pakistan and India have caused doubt and misunderstanding concerning the significance of DNA evidence is used in civil and criminal matters. In addition, it contains best possible legislative reforms by applying DNA technology as a forensic tool to address the prevailing paternity issues and the identification of offenders.
本文强调,DNA技术在全球范围内被认为是一种有用和有效的法医工具,在亲子纠纷和获得科学的准确性。更重要的是,发展中国家的法官和高等法院依赖于DNA测试的证据价值。尽管如此,在某些情况下,他们对批准DNA测试或接受DNA证据表示了极大的犹豫,理由是法律或宪法禁止。由于缺乏明确的政策和有效的程序,DNA技术的合法性一般由司法裁量决定。然而,巴基斯坦和印度两国最高法院对DNA证据在民事和刑事案件中的重要性的不同裁决引起了怀疑和误解。此外,它载有尽可能最好的立法改革,将DNA技术作为一种法医工具来解决普遍存在的亲子关系问题和识别罪犯。
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引用次数: 0
Comparative Study of Stoning Punishment in the Religions of Islam and Judaism 伊斯兰教和犹太教中石刑的比较研究
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.178190
Nazar Hussain, S. Adnan, M. I. Aarbi
In this essay, we speak about stoning in Islam and Judaism. Stoning, which is one of the penalties, arose as a penalty for adultery, which is prohibited Sharia. Even though stoning was used in Judaism, sodomy and idolatry, as well as the methods used to carry out this penalty, were very different between Judaism and Islam. People might think that this punishment is worse in Islam because of the size of the stones and how they are used. Islam doesn't talk about stoning in the Quran, even though it's talked about in the Hadiths (sayings and stories about the Prophet Mohammad's behaviour by his close followers). Even if the person is accused of something bad, the punishment of stoning is against international human rights agreements. This is no matter what the reason or charge is, because the punishment of stoning is against these agreements. Stoning is still used as a form of punishment in the Muslim world, even though there are only a few examples of Jewish people being stoned in history. As a group, we can look at the different evidence, procedures, and obstacles to the stoning are execution.
在这篇文章中,我们谈论伊斯兰教和犹太教的石刑。石刑是惩罚之一,是对通奸的惩罚,这是伊斯兰教法所禁止的。尽管犹太教使用石刑,但鸡奸和偶像崇拜,以及执行这种惩罚的方法,在犹太教和伊斯兰教之间是非常不同的。人们可能会认为,由于石头的大小和使用方式,这种惩罚在伊斯兰教中更为严重。伊斯兰教并没有在《古兰经》中提到用石头砸死,尽管在《圣训》(先知穆罕默德的亲密追随者关于其行为的言论和故事)中提到过。即使这个人被指控做了坏事,用石头砸死的惩罚也违反了国际人权协议。无论是什么理由,什么罪名,都是如此,因为用石头砸人的刑罚是违背这些约的。在穆斯林世界,石刑仍然是一种惩罚方式,尽管历史上只有少数犹太人被石刑的例子。作为一个小组,我们可以看看不同的证据,程序,以及石刑执行的障碍。
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引用次数: 0
Human Trafficking: A Comparative Analysis amongst the Legislations of Pakistan, China and Russia in Relation to International Law 人口贩运:巴基斯坦、中国和俄罗斯国际法立法比较分析
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.141148
Dr. Abida Hassan, M. Chaudhary, Sadia Saeed Rao
The topic under discussion is significant in nature as now a days human trafficking is very common due to various reasons. The researcher during study and research has determined that unemployment and unawareness are the main reasons for human trafficking. Further, it has been noted that the legislation is in existence but its proper implementation is weak in the said countries which is another cause for illegal human trafficking practices, if the implementation of laws be ensured and implemented strictly then human trafficking can be reduced up to some extent. Next is that awareness campaign can be useful for reduction of these activities people will be more conscious for taking decision before leaving their countries and step into another country. This paper focuses on minimizing the chances of human trafficking in Pakistan, Rusia and China through proper legislation and its implementation.
由于各种原因,现在人口贩运非常普遍,因此正在讨论的主题具有重要意义。研究人员在研究过程中确定,失业和不知情是人口贩运的主要原因。此外,有人指出,虽然有立法,但这些国家的立法执行不力,这是非法贩卖人口做法的另一个原因,如果确保法律的执行和严格执行,那么贩卖人口可以在某种程度上减少。其次,提高认识运动可以有助于减少这些活动,人们将更加意识到在离开自己的国家并进入另一个国家之前做出决定。本文的重点是通过适当的立法和实施,最大限度地减少巴基斯坦、俄罗斯和中国的人口贩运机会。
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引用次数: 0
Presentation of Women Harassment in Pakistani Dramas 巴基斯坦戏剧中女性骚扰的表现
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.4556
D. Manzoor, Ayesha S. Nawaz
This research is aimed to analyze the themes used to construct the plot of Pakistani dramas to depict women-based harassment. A rigorous thematic analysis of prime-time dramas of two mainstream Pakistani channels has been carried out. The researchers employed simple random sampling technique to dig out the dramas based on harassment concept while the theory applied is feminist theory of media. The findings suggested that the portrayal is modest and emotional on one channel while the other channel portrayed the victim as a fighter in the climax, the dramas factually exhibit the types of acts an offender commits, the issues a victim faces, how social pressure makes the situation worse and the most significant fact was how men are not able to control their male ego and oppress women to get satisfaction. The following themes emerged from the content, good looking women from middle class fall in this trap; they mostly endured verbal, nonverbal and physical abuse; shame; blame; suffering depression; panic attacks; breaking silence but be afraid of not being believed and males are too sensitive to rejection.
本研究旨在分析建构巴基斯坦电视剧情节的主题,以描绘基于女性的骚扰。对巴基斯坦两个主流频道的黄金时段电视剧进行了严格的专题分析。研究者采用简单随机抽样的方法,在骚扰概念的基础上挖掘出电视剧,运用的理论是媒体的女性主义理论。研究结果表明,一个频道的刻画是谦虚和情绪化的,而另一个频道在高潮时将受害者描绘成一个斗士,电视剧真实地展示了犯罪者的行为类型,受害者面临的问题,社会压力如何使情况变得更糟,最重要的事实是男性如何无法控制自己的男性自我而压迫女性以获得满足。从内容上可以看出以下几个主题:来自中产阶级的漂亮女性落入这个陷阱;他们大多忍受口头、非口头和身体上的虐待;蒙羞;指责;遭受抑郁;恐慌症;打破沉默,但害怕不被相信,男性对拒绝太敏感。
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引用次数: 0
Documentary and oral Scientific expert Evidence and Modes of Scientific Examination under Pakistani Laws 书面和口头科学专家证据和巴基斯坦法律下的科学审查模式
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.203216
Saman Zahra
The crime scene operation and the investigative process is important stage of pretrial construction of the events for assessment of occurrence of crime which helps to collect the material or physical evidence to be presented before the court during a trial. This process hinges upon intelligent and expert handling of the crime scene so that the prosecution may build the case beyond reasonable doubt and to link the evidence with real criminal instead of conviction of innocent. This paper presents an overview of the kind of evidence with relation to the crime scene which is important for the assessment that what expertise and scientific examinations might be needed for a potential crime scene investigation. In doing so, this paper underlines the kinds of expert evidence with reference to law of evidence in Pakistan and emphasizes legal perspective to be kept in mind while investigative operation is conducted.
犯罪现场操作和调查过程是犯罪发生评估事件的审前构建的重要阶段,它有助于收集在审判中呈堂的物证或物证。这一过程取决于对犯罪现场的明智和专家处理,这样控方就可以排除合理怀疑,将证据与真正的罪犯联系起来,而不是定罪无辜。本文概述了与犯罪现场有关的证据类型,这对于评估潜在的犯罪现场调查可能需要哪些专业知识和科学检查非常重要。在此过程中,本文以巴基斯坦证据法为参照,强调了专家证据的种类,并强调了在进行调查行动时应牢记的法律观点。
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引用次数: 0
Powers of Justice of Peace: A Tale of Inconsistency and Incomprehensibility in Decisions of Pakistani Courts 和平正义的权力:巴基斯坦法院判决中不一致和不可理解的故事
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.0112
Dr. Muhammad Bilal, Farqaleet Khokhar
The concept of Justice of Peace thrives in the Code of Criminal Procedure 1898 while in Pakistan Sessions Judges and Additional Sessions Judges are serving as Ex-officio Justice of Peace. In Pakistani Court Jurisprudence, the conflict arises whether the powers conferred to Ex-officio Justice of Peace are executive or quasi-judicial. In this way, this paper qualitatively surveys all cases regarding power of Ex-officio Justice to resolve the conflicting, inconsistent and incomprehensive decisions of Pakistani Court; this paper is an endeavor to elucidate the issues regarding the nature of powers and limitations on powers of Ex-officio Justice of Peace.
和平法官的概念在1898年的《刑事诉讼法》中蓬勃发展,而在巴基斯坦,开庭法官和附加开庭法官担任当然和平法官。在巴基斯坦法院法理学中,授予当然治安法官的权力是行政权力还是准司法权力产生了冲突。由此,本文对所有涉及当然司法权的案例进行定性梳理,以解决巴基斯坦法院判决中存在的矛盾、不一致和不全面的问题;本文试图对当然治安法官的权力性质和权力限制等问题进行阐述。
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引用次数: 0
A Depiction of Indian Muslim Women’s Plight in Culture and Literature Around the Mid-Eighteen Century 18世纪中期前后印度穆斯林妇女在文化和文学上的困境描写
Pub Date : 2022-03-31 DOI: 10.52279/jlss.04.01.8697
Dr Naila Maqsood
This paper locates the Muslim women’s social conditions particularly in the Indo-Pak Subcontinent which largely arose out of two sources; a) evolution of Islam and development of several schools of jurisprudence; b) Muslim’s contact with the Indian culture. Over several centuries, more particularly from the early 13th century onward (by this time, Muslim Turkish rule had been established in India), and the impact of Bhakti movement both on Hindus and Muslims and spread of teachings of Guru Nanak and Bhagat Kabir, Muslims came to adopt many of the Hindu notions and practices. This was in addition to attitudes that came with them by their conversion to Islam. The first part of the paper deals with the effects of Hindu culture regarding status of women on Muslims. The second part of the paper discusses the plight of Muslim women in literature i.e Punjab folk lore of Heer Ranjha. It tries to convey the thoughts on several social customs, particularly emphasizing the various aspects of women’s life. The third part provides the ethnographic evidence which confirms that women, particularly in rural areas, have faced low status and problem connected with rapes, marriages, dowry, and divorces, etc. With solidification of customs, discrimination against a female endures through centuries. As a result, Muslim women were become socially backward, economically susceptible, and politically marginalized segment of society.
本文将印度-巴基斯坦次大陆穆斯林妇女的社会状况定位于两个主要原因;a)伊斯兰教的演变和几个法学流派的发展;b)穆斯林与印度文化的接触。几个世纪以来,特别是从13世纪早期开始(此时,穆斯林土耳其统治已经在印度建立),以及巴克提运动对印度教徒和穆斯林的影响,以及古鲁纳纳克和巴伽特卡比尔教义的传播,穆斯林开始接受印度教的许多观念和实践。这还不包括他们皈依伊斯兰教所带来的态度。论文的第一部分论述了印度教文化对穆斯林妇女地位的影响。第二部分论述了穆斯林女性在旁遮普民间传说中的困境。它试图传达对几种社会习俗的思考,特别强调女性生活的各个方面。第三部分提供了人种学证据,证实妇女,特别是农村地区的妇女,面临着低地位和与强奸、婚姻、嫁妆和离婚等有关的问题。随着习俗的固化,对女性的歧视延续了几个世纪。结果,穆斯林妇女在社会上落后,在经济上易受影响,在政治上被边缘化。
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引用次数: 0
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Journal of Law & Social Studies
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