By Debadrita Chakraborty
Indian immigrants fail to acknowledge their complicity in injustices both in India and America. Here’s why.
The Black Lives Matter (BLM) movement is here to stay. Catalysed by one of the most heinous racial homicide of the 21st century, BLM protests have since snowballed into one of the greatest ‘domino’ resistance movement in the U.S. The sustained nature of the movement and its organised approach towards decolonising the Global North’s white washed history and curriculum have resonated with other minority and racially targeted communities who have expressed solidarity by not only dissenting against institutional racism and police brutalities but also reflecting on their own complicity in anti-black racism. However, one of the most visible and prominent minority group that has remained relatively apolitical in a deeply political time despite its history of colonial oppression and state sanctioned hostile policing is the Indian migrant community in America.
Continue reading “‘The Model Minority’: a Hinderance to the Pursuit of Justice”
By Louis Dejeu-Castang
“The introduction of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) together with local authority funding cuts has created an adverse environment which has resulted in half of the law centres or agencies offering free legal advice being closed”. This striking statistic highlights the severity of the crisis facing access to justice in the UK. It highlights a void wherein the vital legal information, that used to be supplied by law centres, is no longer reaching those that need it most. To many, access to justice is now considered a luxury as opposed to a human right. However, technology, in spite of its power to connect, has several attributes that make it seem a poor tool for rectifying this problem. Continue reading “Technology: Tool or Barrier to Access to Justice”
By Anmol Ratan
History bears testimony to the fact that unlike most of the world, India is not new to practice of social distancing. Maintaining social as well as physical distance has been historically entrenched in various form of isolation by the upper castes in the Hindu social order ever since the Vedic times[i]. Based on the religion of Hinduism and its scriptures, social distancing, which today is claimed to be the only curative measure for COVID-19, has always been used as a socially-sanctioned weapon of mass social disruption and collective discrimination against the lower castes and Dalits in the Indian subcontinent. It has been a part of India’s unjust history and continues to be a reality even in India’s fight against coronavirus.
Continue reading “How casteist is the Coronavirus pandemic? “
By Abe Chauhan
This essay was awarded third place in UCL CAJ SPBC writing competition to answer the question: “Technology is a useful tool for furthering access to justice”.
Many are heralding a new era of ‘posthuman governance’ in which complex social issues are ‘deconstructed into neatly defined, structured and well-scoped problems that can be solved algorithmically’. However, new technologies are not neutral and egalitarian tools but human creations and their effects on access to justice depend on the way in which they are designed, deployed and operated by public authorities. Promises of a digital technocracy disguise ruthless cost-cutting measures which will likely perpetuate structural injustice and worsen access to justice. In particular, the digitisation of courts and tribunals could introduce access barriers and offend principles of natural justice (Part II) and automated decision-making (“ADM”) systems look set to outpace the development of traditional judicial review doctrines with the result that claimants’ rights may become materially unenforceable before the courts (Part III). As long as technological solutions are developed to prioritise efficiency in monetary terms, access to justice will continue to be under threat.
Continue reading “The Threat of Technology to Access to Justice”
By Sahajveer Baweja
Our guest contributor is currently a 3rd-year B.A.LL.B. student at Rajiv Gandhi National University of Law, Patiala, India.
Recently, Sudan has made a landmark move by amending its Criminal Code and penalising the archaic practice of Female Genital Mutilation (FGM) making it punishable by three years of imprisonment. FGM as a practice stems from the social customs of a girl’s tribe or ethnic group and aids to define her in the context of her community. The practice of FGM is widespread in 28 African countries especially in Sudan where 87% of the Sudanese women have been its victim. Statistically, almost 100 to 140 million women in Africa have undergone the ritual of FGM in the last 50 years. Moreover, such practice of FGM has been traced in a few minority groups in Asia and Middle East Countries as well, but the chances of occurrence there are less and very limited because of strong penal provisions.
Continue reading “Outlawing the Practice of ‘Female Genital Mutilation’ in Sudan: An advanced step towards preaching health as a Human Right”
By Isabel de Leon
On the 21st of January 2020, the Centre for Access to Justice Student Pro Bono Committee held its first Academics vs Students Debate Fundraiser. This event was organised in support of Kalayaan, a small London-based charity that works to provide practical advice and support to, as well as campaigns with and for, the rights of migrant domestic workers in the UK. In light of this, the motion for the debate, kindly contributed by Natalie Sedacca, was as follows: This House would make homes that employ domestic workers subject to labour inspections”.
“This House would make homes that employ domestic workers subject to labour inspections”.
Continue reading “Clash of the Titans: Students v Academics Fundraising Debate for Kalayaan”
By Regina Yip and Samuel Leung
On 5 December 2019, the UCL Chapter of Lawyers without Borders (LWOB) and the Centre for Access to Justice hosted the final round of the LWOB Human Rights Moot. This year, the two finalist teams, including Mia Chaudhuri-Julyan and Alex Diaper, and Olivia Bessant and Emma Lazell, argued a moot question relating to prisoners’ rights concerning disproportionate use of solitary confinement and the monitoring of prisoner’s legal correspondence with their solicitors.
Continue reading “Lawyers without Borders host Human Rights moot competition”
By Ayesha Sohanpal
Ayesha is a 2nd year law student on the LLB course at UCL. Here she reflects on her experience of participating in the Homelessness case study as part of Laws Connections, UCL’s 2-week law course aimed at introducing first year undergraduates to the study of law and its role in addressing social challenges.
Navigating the busy thoroughfares of Euston and central London, where earnest appeals for donations from the city’s many homeless are impossible to ignore, before arriving in the quiet calm of the UCL law faculty’s home is a study in contrasts. Descending the glossy white stairs of Bentham House in anticipation of my first Laws Connections session, I could scarcely perceive the relationship between what appeared to be two discrete worlds, wholly disconnected and unperturbed by one another. Nor could I have realised the urgent relevancy of the ideas I would soon encounter over the next two weeks in potentially transforming the realities of the bustling streets I had just exited.
Continue reading “Reflections on the relationship between the law and disadvantaged sectors of society”
By Surabhi Vanalia
The UCL Student Pro Bono Committee held its first termly panel event on 21st November 2019, with a focus on recent and previous immigration policies which make up the ‘Hostile Environment’. This refers to laws and policies which make it difficult for migrants without secure leave to remain to reside in the UK.
Continue reading “Report from “Fight NOT Flight”: SPBC inaugural panel event on the Hostile Environment”
By Laura Beaumont
“Home is where the heart is” but, if that logic follows, around 320,000 hearts are lost in Britain currently. By bringing this housing crisis to my attention, Laws’ Connections prompted me to look beyond the black letter of the law and to evaluate legislation through human eyes. To exemplify this, the article shall evaluate a real-life problem: The Council’s decision to displace the homeless individuals living in my hometown of Windsor, before the Royal Wedding in May 2018. In doing so, I will draw to your attention the injustice of disregarding a human perspective in favour of a purely legal approach.
Continue reading “The Inhumanity of Homelessness Law”