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Utkarsh K. Mishra

Dharmashastra National Law University, Jabalpur

Author-ID : 3000138

Humanities Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Articles

1

Transgender and the Right to Employment in India: Analysing the Trajectories of Discrimination Utkarsh K. Mishra; Abhishek Negi
BESTUUR Vol 9, No 1 (2021): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Every citizen of India is guaranteed the right to work under the Indian Constitution. However, policymakers, governments, and the Indian Judiciary have been keen only on laying down a framework concerning right to work. This tendency (un)wittingly affects the minority group—transgender people. In this sense, India currently appears to be lacking a well-defined anti-discrimination employment framework. Regarding this issue, this study aims to investigate the trajectories of transgender community discrimination face in the employment sector. This study is written in the context of human rights discourse analysis. This study argues that although the effort of the Supreme Court and the Government of India has taken a positive step to enhance the livelihood conditions of the transgender communities, it must be mentioned that this recognition is not ample to solve the problem. Although this recognition goes a long way in trying to secure the economic needs of the transgender community, social exclusion takes time to change simultaneously with the changing mindset of society. This Indian Judiciary policy should be followed by the guideline for enforcing the ‘Right to Work,’ especially concerning the transgender community.

Should Trade Remedies be Eliminated from WTO: A Response to Tania Voon Utkarsh K. Mishra; Abhishek Negi
Journal of Human Rights, Culture and Legal System Vol 1, No 3 (2021): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

This work is a reflection of a critical viewpoint on the academic work of Tania Voon. She argues on the elimination of trade remedies from the multilateral trading system of the World Trade Organization on the basis of various considerations, including on the basis of some lessons from Regional Trade Agreements. The article makes no attempt to strike a balance between consumer and domestic industry interests. Additionally, it must be recognized that eliminating a structural protection mechanism is not always the best course of action because, in a global market such as that of trade, there are numerous players with disparate interests. If trade remedies are eliminated, a void will exist in which there will be nothing to regulate short-term issues, which will also affect the WTO's long-term objectives.

The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen Sri Wahyuni; Resti Dian Luthviati; Muhammad Jihadul Hayat; Utkarsh K. Mishra
BESTUUR Vol 10, No 1 (2022): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v10i1.64330

Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.

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