Further reading

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Agrawal, R.K. National security act. Allahabad: Law Book Co., 1986.

Asia Forum for Human Rights and Development. The security syndrome: politics of national security in Asia. Bangkok, 1997. (Defines the concept of national security as it has been understood and applied in the Asian region. The study discusses the varied security approaches adopted by Asian governments resulting in diverse interpretations given to the concept based on the prevailing political conditions at a given point in time.The study includes case studies of selected countries in the Asian region.)

Asia Pacific Human Rights NGOs. Campaign against national security laws in Asia Pacific: a guide book. Bangkok. (Outlines the human rights problems caused by national security laws and actions taken against their NSLs in the countries of Asia Pacific region.)

Asian Legal Resource Centre. Human rights related legal reforms in Sri Lanka: final document of the workshop (6-8 January 1996: Bangalore), Kowloon, 1996. (Provides reflection on human rights related legal reforms on the basis of actual experiences; compares Indian and Sri Lankan experiences and identifies possible reforms and ways to promote such reforms.)

Balochistan special laws: a critique. Lahore: Human Rights Commisson of Pakistan. (Identifies laws which create a parallel judicial system in Balochistan as distinguished from the system operating elsewhere in the country; examines whether the aforestated laws violate any recognised human rights norms and whether there is any justification for retention of a different judicial system in view of the socio-economic ethos of the society or any other special conditions operating in the province.)

Bhutan – Department of Information. Anti-national activities in southern Bhutan: a terrorist movement. Thimphu: Government of Bhutan, 1991. (Highlights the alleged anti-national activities, the facts about the promotion of national integration and the concept of one people one nation.)

Black laws 1984-85. Pondicherry: PUCL, 1985. (This booklet contains the full text of the Terrorist and Disruptive Activities (Prevention) Act, 1985, the National Security (Second Amendment) Ordinance 1984 and the Terrorist Affected Areas (Special Courts) Ordinance 1984, with a commentary by jurist V.M. Tarkunde.)

Centre for Victims of Torture. Review of emergency regulations. Kathmandu, 1993. (Reviews the emergency regulations of Sri Lanka and provides general and specific recommendations.)

Chatterji, Saral K. The meaning of the Indian experience: the emergency. Madras: Christian Literature Society, 1978.

Chaudhry, A.G. The leading cases in constitutional law. Lahore: Sahar Publishers, 1994.

Dhaka Law Reports. Special powers act (Act no. 14 of 1974) with some other allied laws. Dhaka: Esrarul Huq Chowdhury, 1996.

Dhungel, Surya P.S. Commentary on the Nepalese constitution. Kathmandu: DeLF, Lawyer’s Inc., 1998.

Emergency law. Colombo: Nadesan Centre, 1994. (Annotated listings of the regulations, proclamations, rules and orders made under the Public Security Ordinance during the current emergency rule in Sri Lanka, which commenced in June 1989, prefaced by a brief description of the working of the ordinance.)

Extraordinary laws in India. New Delhi: Indian Social Institute, 2002. (Compilation of laws applicable across India and the states.)

Goonesekere, R.K.W. Fundamental rights and the constitution: a case book. Colombo: Law and Society Trust, 1988. (Compilation of cases relating to issues of freedom of speech, freedom from arbitrary arrest and detention, and freedom to form trade unions in Sri Lanka.)

Harding, Andrew (ed). Preventive detention and security law: a comparative survey. Dordrecht: Martinus Nijhoff Publishers, 1993. (Provides a discussion of the new preventive detention law in 15 common-law jurisdictions, mainly in Asia and Africa, focusing on the practical operation of the law rather than the theoretical issues relating to the legitimacy of such laws.)

Hoque, Quazi Reza-Ul. Preventive detention, legislation and judicial intervention in Bangladesh. Dhaka: Bishwa Shahittya Bhavan, 1999.

Hussain, Ray Zahid. Police rules 1934 (vols. 1, 2 and 3) with police act, 1861 and allied law. Lahore: Khyber Law Publishers, 2000.

Jha, R.C. Fundamental rights and doctrine of sovereign immunity. New Delhi: Sheriden Book Company, 1995. (Keeping in view some of the recent judicial decisions repudiating the applicability of the doctrine of ‘sovereign immunity’ to cases involving violation of fundamental rights, the book focuses attention on the significance of the expression ‘in the like cases’ used in Article 300(1) of the Constitution. The book also highlights the importance of Article 21 to make a plea that the Supreme Court, while exercising writ jurisdiction under Article 32, should award compensation if life or personal liberty is violated by state officials.)

Korea Human Rights Network. The new world order and human rights in the post-cold war era: national security vs. human security. Seoul, 1996. (Compilation of papers presented at the International Conference on ‘The New World Order and Human Rights in the Post-cold War Era – Human Rights vs. National Security, November 1995.)

Law Commission of India. 173rd report on prevention of terrorism bill, 2000. 2000. (Examines the present security situation in the country with the criminal law amendment bill and recommends inclusion of certain additional provisions in the bill. Annexure includes: (a) working paper on legislation to combat terrorism; and (b) the prevention of terrorism bill, 2000.)

Law Commission of India. Working paper on legislation to combat terrorism. (Describes the security situation in different states of India; legislation regulating terrorism in India; legislation relating to terrorist activities in foreign countries; and the need for a permanent anti-terrorist law in India.)

Mannan, M.A. (ed) Judgments on the constitution, rule of law, and martial law in Pakistan. Karachi: Oxford University Press, 1993.

Nair, Ravi. The application of international humanitarian law and international human rights law in internal armed conflict situations in South Asia: definitional problems in relation to armed opposition groups, irregular and or mercenary groups [Grey Documents]. (The paper presents general situations of internal armed conflict in South Asia and applicability of national and international humanitarian laws concerning armed conflict. Defines various types of opposition groups in South Asia and their activities.)

Odhikar. Breaking the cycle of impunity. Dhaka: Odhikar, 2001. (Report of an open discussion on impunity of law enforcing agencies in Bangladesh.)

People’s Watch. POTO: prevention of terrorism ordinance 2001 and its challenges to human rights. Madurai, Tamilnadu, 2001.

Rahman, Muhammad Habibur. On rights and remedies: a collection of options. Dhaka: University Press, 1997.

Reddi, Padala Rama. The Andhra Pradesh police code. 4th edition. Hyderabad: Asia Law House, 1998.

Saeed, Irfan Ahmed. The Pakistan penal code with commentary. Lahore: Irfan Law Book House, 2000.

South Asia Human Rights Documentation Centre. Criminal law amendment bill: an unlawful law for the defense of India. New Delhi, 2000. (Evaluates the criminal law amendment bill (CLA) in comparison to TADA and the principles of human rights and fundamental freedoms in India.)

South Asia Human Rights Documentation Centre. Eliminating sovereign and official immunity in fundamental human rights cases: SAHRDC’s submission to the National Commission for the Review of the Working of the Constitution. New Delhi, 2001. (Submission paper to the National Commission for the Review of the Working of the Constitution of India. It describes the law of immunity in India, relevant international legal standards which apply to that law and both legal and policy reasons for reforming the present system. SAHRDC recommends revising the constitutional provisions, which allow for legislative grants of immunity and adopting specific language that clearly eliminates the application of sovereign and official immunity to suits involving gross human rights violations.)

South Asia Human Rights Documentation Centre. Prevention of Terrorism Ordinance 2001: government decides to play judge and jury. New Delhi, 2001. (This newest ‘anti-terror’ legislation targets those who allegedly support or abet ‘terrorism’ or benefit from its proceeds. It is yet another attempt to subvert the normal process of the law and suppress fundamental liberties. It is also more likely to be used against minorities and political opponents. POTO, much like the now defunct TADA, threatens the very foundation of public order and national security that it aims to protect. SAHRDC suggests that the ordinance be invested with additional safeguards, or better still, done away with completely.)

South Asia Human Rights Documentation Centre. Preventive detention and individual liberty. New Delhi, 2000. (Report submitted to the National Commission for the Review of the Working of the Constitution of India. Looks into the provisions in the Constitution and recommends amendments to include additional safeguards protecting the fundamental rights of detainees.)

South Asia Human Rights Documentation Centre. Time to end the abuses: the national security act of 1980. New Delhi, 2000. (Examines the national security act, abuses under the act and makes appropriate recommendations.)

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