The Anthropos (A Journal of Human Spectrum)
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ISSN: 2319-278X The Anthropos (A Journal of Human Spectrum) Volume 2, Number 1 January-June 2013 All Indian Rights Organization (AIRO) (A Chapter of Naina-Dayal Foundation) www.airo.org.in Volume 2, Number 1 January-June 2013 ISSN: 2319-278X The Anthropos (A Journal of Human Spectrum) All Indian Rights Organization (AIRO) (A Chapter of Naina-Dayal Foundation) www.airo.org.in From the Editors' Desk… It gives us immense pleasure to place the second volume of our journal “The Anthropos” in your valuable hands. Present issue contains topics of present day relevance in human right arena. It mirrors into the issues of violence against women, against tribal people, against people with disability from human right perspectives. Present issue not only looks into the importance of human right education, but also opens the door to discuss the multi- dimensional approach to the implementation of human rights as an ethical necessity, besides discussing the critical issues involved in reservation and Assisted Reproductive Technology in surrogacy. A lot of water has flown since the history began but still independence and dignity of women wear a pathetic look across the world. Latest WHO report says that every third woman in the world is subjected to some kind of domestic violence irrespective of developmental stage of a country. Violence against women in the family has a long history and only in the last 30 years has been recognized as a public health problem with significant health consequences in developed as well as developing countries. Ms. Mahjabeen Khaled Hossain in her paper explains the rights of marriage given within Islam. She uses the examples from the teachings of prophet Mohammad (SAW) and implementation of the divine laws of the Holy Quran to show how the revolutionary changes were brought about in Arabian society and subsequently, in Islamic nations. Dr. Karabi Mitra in her paper 'The Living Sati' focusses on the changing life style of the high –caste widows in Bengal in the light of literature. She echoes the personal sufferings and the social hurdles experienced by the widowed ladies of the 'modern days'. Dr. G A Solanki discusses the core areas of issues pertaining to women empowerment through education with related legislation and suggestions. The Fashion Industry is a global Industry, generating trillion revenue consequently, the question of whether-and to what extent- fashion designers can protect their works under the intellectual property laws of their country is hotly debated, Shikha Chantia & Anoop Kumar Singh has tried to find out answer of this debate. Women's struggle for equality in the society needs to be backed by law and to some extent by the right thinking people in the society. The Government alone cannot achieve the goal of human rights of women until and unless attitudinal change takes place in the society. Dr. K. K. Bajpai and Dr. Vivek critically analyse the nature of human rights violation of women in India. Forests have been the major source of livelihood for human beings since time immemorial. So far the tribal people of India are concerned; they have developed a symbiotic relationship with the forest due to their close proximity with the forest as the natural habitation for these people. There is a strong need to look the tribal affairs from the perspectives of tribal people for the sustainable development in the country. Dr. Bir Pal Singh reasons that development should be people oriented seeing the social and cultural boundaries of the tribal people. Dr. S.S. Das and Mr. Jageshwar Nath emphasize upon the reproductive rights of women as human right. Paper by Esha Ghosh focuses on the educational and economic changes in the status of displaced adivasi Oraon women who were gradually exposed to forces of industrialization and urbanization. Out of all types of disabilities, intellectual disability poses greater challenges than the other types do. Saumya Chandra analyses whether Expressive Therapy influence the functioning of neuropsychological variables among children with intellectual disability? The criteria for reservation has always been controversial and debatable. Javeed Ahmed Bhat in his paper critically assesses and evaluates the policy of reservation in the State of Jammu and Kashmir as well as discusses the present politics in the State regarding reservation. Education for human rights is the concomitant to all other rights. Education for human rights helps people feel the importance of human rights, internalize human rights values and integrate them into the way they live. Education for human rights also gives people a sense of responsibility for respecting and defending human rights and empowers them, through learned skills, to take appropriate action. Ms. Shampa I. Dev emphasizes on the Purpose of Human Rights Education and analyses that if the goals of legal education and particularly human rights education are formally and thoughtfully laid down then all can work together and bring about success in the society. Dr. Sandeep Srivastava discusses the role of human right education in global era. The multi-dimensional approach to the implementation of human rights is an ethical necessity but a practical impossibility as the specialization of professionalism handicaps time-consuming cooperation. R.E.S.Tanner analyses that Multi-dimensionalism is best applied to the study of small communities in which such implementation might be negotiable. With Best Wishes Yours Alok Chantia (Editor) THE ANTHROPOS Volume 2 Number 1 January-June 2012 CONTENTS Articles 1- Islam And Marriage : A Human Right Perspective Mahjabeen Khaled Hossain 1 2- The Living Sati: A View From Literature Karabi Mitra 11 3- Education: The Only Answer For Women Empowerment G. A. Solanki 17 4- Copyright Law Protection for Fashion Design - Interfaces Between Copyright Act 1957 and Shikha Chantia & Design Act 2000: An Appraisal Anoop Kumar Singh 23 5- Nature Of Human Rights Violation Of Women In India: Critical Appraisal K. K. Bajpai & Vivek 31 6- Tribe, Forest And Law: The Development Debate Bir Pal Singh 37 7- Woman's Right to Control Their Reproductivety S.S. Das & Jageshwar - A Human Right Dimension Nath Singh 48 8- Adivasi Women In An Industrial Milieu Esha Ghosh 56 9- Can Expressive Therapy Influence The Functioning Of Neuropsychological Variables among Children With Intellectual Disability? Saumya Chandra 61 10- Assessment, Evolution And The Politics Of Reservation In Jammu and Kashmir Javeed Ahmed Bhat 68 11- Plea For A Revamp In Human Rights Education Shampa I. Dev 81 12- Role Of Human Right Education In Global Era Sandeep Srivastava 88 13- The Implementation Of Human Rights: Some Thoughts on Multi-Dimensional Approaches R.E.S. Tanner 92 Reports 1- International Seminar on Future of Human Rights, Humanity and Culture in Emerging Globalized World A Report 100 2- National Seminar on Women, Dalit and Human Rights in India A Report 111 Book Review 1- Mohammad Talib. 2010, Writing Labour: Stone Quarry Workers in Delhi Babu P. Remesh 117 Islam and Marriage : A Human Right Perspective Mahjabeen Khaled Hossain* Abstract The institution of marriage has been promulgated in a concrete and concise way with the revelation of every religious doctrine. The Muslims can boast of the introduction of human rights in the society. Marriage was declared as a civil right aimed at entering equality of men and women in the society. With the ardent of Islam, polyandry was prohibited and polygamy was brought to a limited state in accordance with the divine message. This saw the beginnings of the development of the modern day nuclear family in Arabia and subsequently in later Islamic civilizations. The number of wives was limited to four and that too if and only if men could do equal justice to them. Islam had the injunction on categorically set rules of married life indication specific conjugal rights. Islam, being the complete code of life, was the first to demarcate the share of females to inherit property of their fathers and husbands. This paper will explain the rights of marriage given within Islam. It will use the examples from the teachings of prophet Mohammad (SAW) and his implementation of the divine laws of the Holy Quran to show how the revolutionary changes were brought about in Arabian society and subsequently, in the following Islamic nations. Furthermore it will discuss the universality of these marital rights and illustrate that even the Holy Quran had been revealed 1400 years ago, its divine laws are applicable even in this era of modernity. Introduction Marriage is an established institution in human society. However, there is no written record as to when this fundamental institution was at first instituted. Nevertheless, the institution of marriage is found in the oldest societies in human history. It is a binding relationship, socially and legally, between a man and a woman. As an institution marriage has been concretized by the revelations of all religions. Marriage ensures human rights, that is, rights of men and women, encompassing cultures, embodying social values and norms, common worldwide. In early system of marriage, contracts did not consider aspects of human rights, but streamlined social discipline. Therefore, with no restriction on the practice of polygamy and polyandry, it was for wealthy and influential men to possess as many wives and concubines. Thus, women's status in that society was not much above of slaves. As a simple possession of her husband, a woman was bound, without questions, to his rules and regulations.