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All Journal Indonesian Journal of Law and Society Human Rights in The Global South (HRGS)
Ali, Muhammad Imran
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Navigating Smog: Legislation Addressing Children’s Right to Health in India and Pakistan Ali, Muhammad Imran
Human Rights in the Global South (HRGS) Vol. 2 No. 2 (2023)
Publisher : Serikat Pengajar Hak Asasi Manusia Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56784/hrgs.v2i2.74

Abstract

This study investigates how legal and policy frameworks in Delhi and Lahore address the right of children to a clean and healthy environment. It explores the extent to which urban environmental governance in South Asia responds to the unique vulnerabilities of children living in cities affected by persistent smog and air pollution. These environmental hazards are closely linked to long term respiratory illness, cognitive impairment, and early mortality. Despite binding commitments under the United Nations Convention on the Rights of the Child, both India and Pakistan continue to fall short in translating international obligations into domestic protections for children exposed to urban environmental harm. While earlier research has highlighted the health impacts of air pollution, this article contributes to the literature by evaluating how national laws, regulatory frameworks, and institutional responses incorporate or overlook children’s environmental rights. Using doctrinal legal research and comparative policy analysis, the study analyses statutory instruments, regulatory standards, and international human rights norms relevant to environmental protection in Delhi and Lahore. Findings demonstrate that existing legal regimes lack child specific environmental protections and do not impose clear duties on authorities to prevent or respond to pollution related health risks. Weak enforcement, fragmented institutions, and the absence of child centred accountability mechanisms contribute to systemic neglect. The article proposes a new legal approach that embeds child sensitive principles into environmental governance, including targeted legislation, enforceable pollution controls, and emergency health measures. This research advances scholarship on human rights and environmental law in the Global South by offering a normative and practical framework to reimagine state obligations. It highlights the need to shift from general environmental regulation to rights-based protections that prioritise the health and dignity of children in urban climate and pollution governance.  
Unpacking Living Originalism and Living Constitutionalism in the Constitutional Contexts of India and Pakistan Ali, Muhammad Imran
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.46658

Abstract

Originalism versus living constitutionalism is widely regarded as one of the most contentious current battles over constitutional interpretation. Originalism as a theory seeks to instill original understanding of constitutional provisions in a contemporary constitutional premise by opposing the broad interpretive practice known as living constitutionalism, which prioritizes modern understandings. Originalism theory is an interpretation theory whereas living constitutional theory is a construction theory. Although interpretation is only one activity, it is insufficient to make the Constitution functional. Construction, which involves putting the principles into practice and laying out the institutions that will carry out constitutional functions, is another activity that leads to the establishment of constitutional provisions. When it comes to living Originalism, however, it is the interpretation of provisions that is done to determine the true and actual meaning. It advocates both forms, namely originalism and living constitutionalism which appear to complement one another. The Indian Constitution is a blend of rigidity and flexibility and thus supports living originalism, whereas emerging trends in Pakistani courts favour living constitutionalism. This article analyzes the living originalism approach within the Constitution of India and the living constitutionalism method inside the Constitution of Pakistan. It explores the nuanced views on constitutional commitments within these frameworks, elucidating the impact of interpretative techniques on prison discourse, judicial decisions, and standard constitutional tendencies in both South Asian countries. By delving into these procedures, this has a look at goals to provide a complete knowledge of ways they make a contribution to the evolving nature of constitutional interpretation and governance in India and Pakistan. This article adopts a literature review method.
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