Papers by Dr. Ausaf A H M A D Malik
Right to Repair is a Child of 21st Century A Critical Study, 2023
The Right to Repair movement aims to empower consumers to repair and modify their products by req... more The Right to Repair movement aims to empower consumers to repair and modify their products by requiring manufacturers to provide access to repair manuals, diagnostic tools, and replacement parts. In India, the lack of clear regulations around the right to repair has left consumers with limited options for repairing their electronic devices, appliances, and vehicles. This paper provides a comprehensive overview of the Right to Repair movement and the need for legislative action in India to protect the right to repair as a consumer right.
IMPLICATIONS OF FINANCIAL EMERGENCY IN INDIA, 2023
This research paper is an attempt to get to know about the implications of a financial emergency ... more This research paper is an attempt to get to know about the implications of a financial emergency in the country, that can be drawn from all the legal provisions being provided in the constitution of India and all the expected effects it can have over the country. There have been various concerns regarding the declaration of a financial emergency in the past as well but the topic Section A-Research paper
Human Rights and Custodial Violence in India: An Overview, 2022
Today we are living in a society where notable variations have taken place in the protection
of ... more Today we are living in a society where notable variations have taken place in the protection
of inalienable human rights but despite these developments, the prisoners, especially the
women are still deprived of their inalienable and inviolable rights which are being violated by
the custodians i.e. the authorities which are responsible for their protection (police, detaining
authorities, jailers, care homes or other law enforcing agencies). Brutal atrocities such as
torture, rape, assault, sexual abuse, and ill-treatment harassment, whether physical or mental,
perpetrated by these authorities have become an alarming problem in countries like India.
Repeatedly multiple incidents of violence against inmates are getting reported by the press and
media. Also, women become a prime target for the assaulter staff since they are the physically
and socially weaker half of the population and hence are more vulnerable to the heinous acts of
custodial violence. This remains a pressing concern as the efforts taken in order to propagate
the awareness about provisions of the Human Right Conventions for protecting the interests,
rights and dignity during custody are not adequate. Hence, there is now a need to actually
implement the aforementioned provisions for the Human rights Protection of women and to
illuminate the authorities about it by properly educating the prison staff who are responsible for
taking care of the women in prisons about how to treat them well. Even the women in prisons
should also be made aware of what all rights they have while they are inside the prison walls
Human Rights and Judicial Activism in India , 2021
HUMAN RIGHTS can be defined as rights inherent in all over the world, without which we cannot liv... more HUMAN RIGHTS can be defined as rights inherent in all over the world, without which we cannot live as human beings. Everyone is entitled to these rights without discrimination on the ground of race, sex, nationality, religion and language etc. In this paper the researcherdeals that judiciary play vital role to protect human rights in the Indian. This article attempts to analyze the role of justice and judicial action in protecting Human rights. After independence, India played a very important role in protecting these rights. India has not made any effort to translate it into reality, so it has not incorporated the detailed Bill of Rights into its constitution. The judiciary in India has played a key role in turning these rights into reality. Consequently, the court has adopted all legislative, administrative and judicial or quasi-judicial agencies within the scope of the law, acting as the supreme interpreter, protector and guardian of the constitution. The judiciary has the responsibility to review all government actions. Undoubtedly, in a constitution with provisions to protect the basic rights of the people, the judiciary has the power and obligation to protect the rights of the people from any improper and unreasonable infringement.
Right of Pre-Emption (Shuffa) Under Muslim Law, 2021
An established view is that the right of Shuffa is not just a right to repurchase; it is similar ... more An established view is that the right of Shuffa is not just a right to repurchase; it is similar
to legal slavery that runs with land. The vender of the priority purchase of the property currently
has the right to make a sale offer to the proprietor of the priority purchase of the property when he
wishes to sell it. This is a right of substitution. Due to the legal events involved in the sale itself,
the first purchaser has the right to stand on the buyer’s side and deal through all the privileges
and obligations rising from the auction on which it is based. Come to his title. According to Muslim
law, the bereavement of a person causes his belongings to be allocated into several parts. If
the heirs are allowed to dispose of their shares without providing them to the co-heirs, it is likely
to cause strangers to enter part of the estate, which will cause difficulties and inconvenience.
In view of this, the pre-emptive purchase law imposes restrictions or disability on property
ownership to restrict the owner’s right to transfer the property without restriction and force him
to sell it to his co-heirs or neighbours, as it may be. The right of Shuffa is not only “peculiar”
in the Islamic system, it is also recognized in Roman law and other systems. In Roman law,
it recognizes the mandatory relationship between the vender and the identified person. If the
vender provides conditions as good as the expected seller, the seller must sell to that person.
It arises from the sanctions of agreements and statutory laws, but is only protected by personal
actions, and has no right to sue the buyer to whom the property is transferred
Privacy as a Fundamental Human Right, 2018
Right to privacy is by no means a novel one. This subject has been sensitive from a long time to ... more Right to privacy is by no means a novel one. This subject has been sensitive from a long time to the challenging forces of openness and freedom of speech and expression on the one hand and, on the other, the legitimate desire to keep away from public gaze certain aspects of one’s private life. Fundamental rights are considered to be those which human beings have by the fact of being human and are neither created nor can be abrogated by any government absent extraordinary circumstances. Privacy is one of them an essential human need. Right to Privacy
is a cherished human right for all individual of past, present and future society. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Today, the right to
privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined.
Suitable Electoral Reforms for Democracy with Special Reference to India, 2015
The aims of the Preamble of our constitution are to provide
political justice to the people of I... more The aims of the Preamble of our constitution are to provide
political justice to the people of India. Democracy is an idea
which often assumes concrete dimensions for the vast majority
of people through the electoral system. Election is one of the
most important features of a democratic polity in India as a
regular interval. Elections are the grant people a Government
and the Government has constitutional right to govern those
who elect to it. Elections provide an opportunity to the people of
India to express their faith in the Government from time to
time and changed when the need arises of it.
‘IMPLEMENTATION OF RIGHT OF CHILDREN TO FREE AND COMPULSORY EDUCATION ACT, 2009: AN INDIAN PERSPECTIVE, 2015
That mother and that father are enemies who don't give education to their children." Chanakay "Ed... more That mother and that father are enemies who don't give education to their children." Chanakay "Education is the most powerful weapon which you can use to change the world." Nelson Mandela
RESEARCH REVIEW International Journal of Multidisciplinary, 2022
Any deviation from the accepted or established way of life is referred to as social transformatio... more Any deviation from the accepted or established way of life is referred to as social transformation. The phrase ‘social change’ describes alterations to society as a whole. According to Maclver, society is a "network of social interactions." These social interactions alter as a result of social change. Law and social transformation are two very different ideas that place a strong emphasis on social problem studies, changes in those problems, and their resolution through judicial and legislative processes. Following the 1950 implementation of the Indian Constitution, India became a "Republic" and a country with a federal system. Multiculturalism is more evident than it used to be in this country, which has several states segregated according to language and culture. The Constitution set the stage for the ‘Rule of Law,’ effective government, and multiculturalism, yet reflected the will of the populace. According to the adage “Law Changes Society,” society must adapt...
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Papers by Dr. Ausaf A H M A D Malik
of inalienable human rights but despite these developments, the prisoners, especially the
women are still deprived of their inalienable and inviolable rights which are being violated by
the custodians i.e. the authorities which are responsible for their protection (police, detaining
authorities, jailers, care homes or other law enforcing agencies). Brutal atrocities such as
torture, rape, assault, sexual abuse, and ill-treatment harassment, whether physical or mental,
perpetrated by these authorities have become an alarming problem in countries like India.
Repeatedly multiple incidents of violence against inmates are getting reported by the press and
media. Also, women become a prime target for the assaulter staff since they are the physically
and socially weaker half of the population and hence are more vulnerable to the heinous acts of
custodial violence. This remains a pressing concern as the efforts taken in order to propagate
the awareness about provisions of the Human Right Conventions for protecting the interests,
rights and dignity during custody are not adequate. Hence, there is now a need to actually
implement the aforementioned provisions for the Human rights Protection of women and to
illuminate the authorities about it by properly educating the prison staff who are responsible for
taking care of the women in prisons about how to treat them well. Even the women in prisons
should also be made aware of what all rights they have while they are inside the prison walls
to legal slavery that runs with land. The vender of the priority purchase of the property currently
has the right to make a sale offer to the proprietor of the priority purchase of the property when he
wishes to sell it. This is a right of substitution. Due to the legal events involved in the sale itself,
the first purchaser has the right to stand on the buyer’s side and deal through all the privileges
and obligations rising from the auction on which it is based. Come to his title. According to Muslim
law, the bereavement of a person causes his belongings to be allocated into several parts. If
the heirs are allowed to dispose of their shares without providing them to the co-heirs, it is likely
to cause strangers to enter part of the estate, which will cause difficulties and inconvenience.
In view of this, the pre-emptive purchase law imposes restrictions or disability on property
ownership to restrict the owner’s right to transfer the property without restriction and force him
to sell it to his co-heirs or neighbours, as it may be. The right of Shuffa is not only “peculiar”
in the Islamic system, it is also recognized in Roman law and other systems. In Roman law,
it recognizes the mandatory relationship between the vender and the identified person. If the
vender provides conditions as good as the expected seller, the seller must sell to that person.
It arises from the sanctions of agreements and statutory laws, but is only protected by personal
actions, and has no right to sue the buyer to whom the property is transferred
is a cherished human right for all individual of past, present and future society. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Today, the right to
privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined.
political justice to the people of India. Democracy is an idea
which often assumes concrete dimensions for the vast majority
of people through the electoral system. Election is one of the
most important features of a democratic polity in India as a
regular interval. Elections are the grant people a Government
and the Government has constitutional right to govern those
who elect to it. Elections provide an opportunity to the people of
India to express their faith in the Government from time to
time and changed when the need arises of it.
of inalienable human rights but despite these developments, the prisoners, especially the
women are still deprived of their inalienable and inviolable rights which are being violated by
the custodians i.e. the authorities which are responsible for their protection (police, detaining
authorities, jailers, care homes or other law enforcing agencies). Brutal atrocities such as
torture, rape, assault, sexual abuse, and ill-treatment harassment, whether physical or mental,
perpetrated by these authorities have become an alarming problem in countries like India.
Repeatedly multiple incidents of violence against inmates are getting reported by the press and
media. Also, women become a prime target for the assaulter staff since they are the physically
and socially weaker half of the population and hence are more vulnerable to the heinous acts of
custodial violence. This remains a pressing concern as the efforts taken in order to propagate
the awareness about provisions of the Human Right Conventions for protecting the interests,
rights and dignity during custody are not adequate. Hence, there is now a need to actually
implement the aforementioned provisions for the Human rights Protection of women and to
illuminate the authorities about it by properly educating the prison staff who are responsible for
taking care of the women in prisons about how to treat them well. Even the women in prisons
should also be made aware of what all rights they have while they are inside the prison walls
to legal slavery that runs with land. The vender of the priority purchase of the property currently
has the right to make a sale offer to the proprietor of the priority purchase of the property when he
wishes to sell it. This is a right of substitution. Due to the legal events involved in the sale itself,
the first purchaser has the right to stand on the buyer’s side and deal through all the privileges
and obligations rising from the auction on which it is based. Come to his title. According to Muslim
law, the bereavement of a person causes his belongings to be allocated into several parts. If
the heirs are allowed to dispose of their shares without providing them to the co-heirs, it is likely
to cause strangers to enter part of the estate, which will cause difficulties and inconvenience.
In view of this, the pre-emptive purchase law imposes restrictions or disability on property
ownership to restrict the owner’s right to transfer the property without restriction and force him
to sell it to his co-heirs or neighbours, as it may be. The right of Shuffa is not only “peculiar”
in the Islamic system, it is also recognized in Roman law and other systems. In Roman law,
it recognizes the mandatory relationship between the vender and the identified person. If the
vender provides conditions as good as the expected seller, the seller must sell to that person.
It arises from the sanctions of agreements and statutory laws, but is only protected by personal
actions, and has no right to sue the buyer to whom the property is transferred
is a cherished human right for all individual of past, present and future society. Although the concept of privacy has a certain abstract quality to it that makes it difficult to define, instinctively, humans need to know that they can keep some things secret from others. Today, the right to
privacy is considered to be an identifiable human right with universal qualities deserving legal recognition and protection, although the scope of such legal protection is still being determined.
political justice to the people of India. Democracy is an idea
which often assumes concrete dimensions for the vast majority
of people through the electoral system. Election is one of the
most important features of a democratic polity in India as a
regular interval. Elections are the grant people a Government
and the Government has constitutional right to govern those
who elect to it. Elections provide an opportunity to the people of
India to express their faith in the Government from time to
time and changed when the need arises of it.