Fault in Homicide

Fault in Homicide
Author: Stanley Meng Heong Yeo
Publisher: Federation Press
Total Pages: 332
Release: 1997
Genre: Law
ISBN: 9781862872752

Yeo's work examines the laws of England, Australia and India pertaining to the fault elements required for the crimes of murder and manslaughter. It contends that the Indian laws are superior and suggests a set of draft provisions which could comprise a viable model for reform of the English and Australian laws. The work is directly relevant to issues being considered in the development of the Model Criminal Code.

Codification, Macaulay and the Indian Penal Code

Codification, Macaulay and the Indian Penal Code
Author: Barry Wright
Publisher: Routledge
Total Pages: 396
Release: 2016-05-23
Genre: Law
ISBN: 1317164865

Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.

The Evolution of Legislation on Religious Offences

The Evolution of Legislation on Religious Offences
Author: F. A. Nazir
Publisher: Langham Publishing
Total Pages: 301
Release: 2019-03-14
Genre: Religion
ISBN: 1783685727

The laws and legislation in Pakistan related to religious offences are intended to protect all religious communities, but have also become a significant threat to communities of religious minorities who are vulnerable to false accusation, violent retribution outside of the judicial system, and erroneous convictions that sometimes even lead to the death penalty. What is not well known is how these laws came about; from originally being designed in Chapter XV of the Pakistan Penal Code, to safeguard all religions of British India. Dr F. A. Nazir places the discussion of offences relating to religion in the historical context of the south Asian subcontinent, the institution of penal codes in British India during the colonial period, and developments in legislation after 1947 independence and the creation of the state of Pakistan and in postcolonialism. Dr Nazir’s historical and legal analysis demonstrates how these laws affect indigenous Christian communities and other religious minorities, including Muslim groups. Nazir’s thorough and rigorous historical research brings important understanding and reflection to contemporary religious laws, religious rights and multi-faith society in Pakistan.

British Colonialism and the Criminalization of Homosexuality

British Colonialism and the Criminalization of Homosexuality
Author: Enze Han
Publisher: Routledge
Total Pages: 116
Release: 2018-05-03
Genre: Social Science
ISBN: 1351256181

British Colonialism and the Criminalization of Homosexuality examines whether colonial rule is responsible for the historical, and continuing, criminalization of same-sex sexual relations in many parts of the world. Enze Han and Joseph O’Mahoney gather and assess historical evidence to demonstrate the different ways in which the British empire spread laws criminalizing homosexual conduct amongst its colonies. Evidence includes case studies of former British colonies and the common law and criminal codes like the Indian Penal Code of 1860 and the Queensland Criminal Code of 1899. Surveying a wide range of countries, the authors scrutinise whether ex-British colonies are more likely to have laws that criminalize homosexual conduct than other ex-colonies or other states in general They interrogate the claim that British imperialism uniquely ‘poisoned’ societies against homosexuality, and look at the legacies of colonialism and the politics and legal status of homosexuality across the globe.

Law and Identity in Colonial South Asia

Law and Identity in Colonial South Asia
Author: Mitra Sharafi
Publisher: Cambridge University Press
Total Pages: 369
Release: 2014-04-21
Genre: History
ISBN: 1139868063

This book explores the legal culture of the Parsis, or Zoroastrians, an ethnoreligious community unusually invested in the colonial legal system of British India and Burma. Rather than trying to maintain collective autonomy and integrity by avoiding interaction with the state, the Parsis sank deep into the colonial legal system itself. From the late eighteenth century until India's independence in 1947, they became heavy users of colonial law, acting as lawyers, judges, litigants, lobbyists, and legislators. They de-Anglicized the law that governed them and enshrined in law their own distinctive models of the family and community by two routes: frequent intra-group litigation often managed by Parsi legal professionals in the areas of marriage, inheritance, religious trusts, and libel, and the creation of legislation that would become Parsi personal law. Other South Asian communities also turned to law, but none seem to have done so earlier or in more pronounced ways than the Parsis.

Indian Sex Life

Indian Sex Life
Author: Durba Mitra
Publisher: Princeton University Press
Total Pages: 302
Release: 2020-01-07
Genre: History
ISBN: 0691196346

"During the colonial period, Indian intellectuals--philologists, lawyers, scientists and literary figures--all sought to hold a mirror to their country. Whether they wrote novels, polemics, or scientific treatises, all sought a better understanding of society in general and their society in particular. Curiously, female sexuality and sexual behavior play an outside role in their writing. The figure of the prostitute is ubiquitous in everything from medical texts and treatises on racial evolution to anti-Muslim polemic and studies of ancient India. In this book, Durba Mitra argues that between the 1840s and the 1940s, the new science of sexuality became foundational to the scientific study of Indian social progress. The colonial state and an emerging set of Bengali male intellectuals extended the regulation of sexuality to far-reaching projects that sought to define what society should look like and how modern citizens should behave. An exploration of this history of social scientific thought offers new perspectives to understand the power of paternalistic and deeply violent claims about sexual norms in the postcolonial world today. These histories reveal the enduring authority of scientific claims to a tradition that equates social good with the control of women's free will and desire. Thus, they managed to dramatically reorganize their society around upper-caste Hindu ideals of strict monogamy"--