T. Rani, Dr. Muhammad Ilyas Khan, Dr. Shagufta Perveen
{"title":"State of Educational Rights of Inmate Dependent Children: A Case Study of Prisons in Khyber Pakhtunkhwa, Pakistan","authors":"T. Rani, Dr. Muhammad Ilyas Khan, Dr. Shagufta Perveen","doi":"10.52279/jlss.04.02.286297","DOIUrl":"https://doi.org/10.52279/jlss.04.02.286297","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132449330","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Dr. Abida Hassan, Muhammad Irshad Ijaz, Sadia Saeed Rao
{"title":"Racism and International Human Rights Law","authors":"Dr. Abida Hassan, Muhammad Irshad Ijaz, Sadia Saeed Rao","doi":"10.52279/jlss.04.02.306315","DOIUrl":"https://doi.org/10.52279/jlss.04.02.306315","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116466373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Region-wise comparative analysis of multi-dimensional poverty in Khyber Pakhtunkhwa","authors":"N. Ahmad, J. Iqbal, Z. Haq","doi":"10.52279/jlss.04.02.262278","DOIUrl":"https://doi.org/10.52279/jlss.04.02.262278","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121233920","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Ishfaq Ahmad, Muhammad Arif Saeed, Muhammad Faisal
{"title":"The Impact and Evidentiary Value of DNA Technology in Paternity Disputes with Special Reference to Pakistan & India","authors":"Ishfaq Ahmad, Muhammad Arif Saeed, Muhammad Faisal","doi":"10.52279/jlss.04.02.298305","DOIUrl":"https://doi.org/10.52279/jlss.04.02.298305","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128278050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Comparative Study of Stoning Punishment in the Religions of Islam and Judaism","authors":"Nazar Hussain, S. Adnan, M. I. Aarbi","doi":"10.52279/jlss.04.01.178190","DOIUrl":"https://doi.org/10.52279/jlss.04.01.178190","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"82 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126263885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Human Trafficking: A Comparative Analysis amongst the Legislations of Pakistan, China and Russia in Relation to International Law","authors":"Dr. Abida Hassan, M. Chaudhary, Sadia Saeed Rao","doi":"10.52279/jlss.04.01.141148","DOIUrl":"https://doi.org/10.52279/jlss.04.01.141148","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126384706","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Presentation of Women Harassment in Pakistani Dramas","authors":"D. Manzoor, Ayesha S. Nawaz","doi":"10.52279/jlss.04.01.4556","DOIUrl":"https://doi.org/10.52279/jlss.04.01.4556","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126268964","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Documentary and oral Scientific expert Evidence and Modes of Scientific Examination under Pakistani Laws","authors":"Saman Zahra","doi":"10.52279/jlss.04.01.203216","DOIUrl":"https://doi.org/10.52279/jlss.04.01.203216","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"C-20 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114124394","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Powers of Justice of Peace: A Tale of Inconsistency and Incomprehensibility in Decisions of Pakistani Courts","authors":"Dr. Muhammad Bilal, Farqaleet Khokhar","doi":"10.52279/jlss.04.01.0112","DOIUrl":"https://doi.org/10.52279/jlss.04.01.0112","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123481018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"A Depiction of Indian Muslim Women’s Plight in Culture and Literature Around the Mid-Eighteen Century","authors":"Dr Naila Maqsood","doi":"10.52279/jlss.04.01.8697","DOIUrl":"https://doi.org/10.52279/jlss.04.01.8697","url":null,"abstract":"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.","PeriodicalId":292498,"journal":{"name":"Journal of Law & Social Studies","volume":"156 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126957085","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}