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Gender Justice And Proportionality In India
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Book Synopsis Gender Justice and Proportionality in India by : Juliette Duara
Download or read book Gender Justice and Proportionality in India written by Juliette Duara and published by Routledge. This book was released on 2017-10-06 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine’s interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.
Book Synopsis Gender Justice and Proportionality in India by : Juliette Duara
Download or read book Gender Justice and Proportionality in India written by Juliette Duara and published by Routledge. This book was released on 2019-12-12 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine's interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.
Book Synopsis Gender Justice in India by : Jag Mohan Singh Verma
Download or read book Gender Justice in India written by Jag Mohan Singh Verma and published by . This book was released on 1999 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contains nine essays which discuss women in the labour market, violence against women, and political participation of women.
Book Synopsis Towards Gender Justice by : Satyaranjan Purushottam Sathe
Download or read book Towards Gender Justice written by Satyaranjan Purushottam Sathe and published by . This book was released on 1993 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Transcript of the Dr. P.B. Gajendragadkar memorial lecture delivered at Bombay University in 1993.
Download or read book Gender Justice written by Monica Chawla and published by . This book was released on 2006-01-01 with total page 504 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Gendered Bodies and Worlds of Labour by : Kalpana Kannabiran
Download or read book Gendered Bodies and Worlds of Labour written by Kalpana Kannabiran and published by Zubaan. This book was released on 2024-03-12 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a brilliant reading of the unanimous decision of the nine-judge bench of the Supreme Court of India in the case of Justice KS Puttaswamy (Retd.) and Another vs. Union of India and Others (‘Puttaswamy’). The 2017 judgment protects the right to privacy as a fundamental right, and guarantees the right to life with dignity, the right to personal liberty and the right to move the court against unconstitutional actions by the state. The authors examine the implications of Puttaswamy to understanding labouring bodies (in their multiplicity) and their worlds of work. They explore the gendered dimensions of the right to privacy and its relation to labour rights, sexual safety, and bodily integrity, offering a dynamic interpretation of the right to privacy and related rights of dignity, liberty, and equality. Using the Constitution, Kannabiran and Jagani anchor labour rights in Puttaswamy to advance claims-making and emphasise collective struggles for justice and resistance to oppression as the most productive route to conceptualising an idea of justice in the realms of labour. Further, the monograph emphasises the need to popularise constitutional conversations beyond the courts and holds valuable lessons for women’s and labour rights movements. Drawing from a range of scholarly works and case law to offer a fresh understanding of labour that does not rely on gender binaries, the authors initiate conversations on human dignity, intersectional discrimination, and resistance to reinstating labouring bodies in workplaces. This work opens up new opportunities for feminist and labour studies scholars, trade unions, and courts to explore interdisciplinary intersections and frame claims for more just, fair, and equal working environments. Kalpana Kannabiran and Devi Jagani’s work inspires both hope and anxiety, as they challenge us to build intellectual and on-ground solidarities that cross disciplinary boundaries, to support those who are most marginalised.
Book Synopsis Governance and Development in India by : Seyed Hossein Zarhani
Download or read book Governance and Development in India written by Seyed Hossein Zarhani and published by Routledge. This book was released on 2018-09-03 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the political economy of development in India is significant as India has emerged as one of the fastest-growing countries during the last three decades and the rate of economic growth and poverty reduction have not been matched in India’s subnational states. Although the Union Government has introduced and implemented several economic reforms since 1991 to enhance the economic development, the results of implantation have varied. Governance and Development in India compares two Indian subnational states, Andhra Pradesh and Bihar. The book does not consider the state as an aggregate entity; rather, it disaggregates the state relationally and spatially. Concentrating on the micro-institutional variables and the role of regional elites, the author investigates the political roots of the divergence of development trajectories among India’s subnational states since liberalization, as an essential aspect of the political economy of development in India. The book explores the black box of the multi-layered state of India and interactions among the Central Government, the states, regional leaders and other stakeholders and explains why the regional leaders have pursued divergent economic strategies using the analytical narrative research method and the subnational comparative research method. Firmly based on the theoretical foundations of the neo-institutional rational choice model of governance, polycentric hierarchy theory and the strategies for regional elite strategy analysis, combined with empirical research, this book is a valuable contribution to the fields of comparative political economy, state politics in India, governance and development in developing countries, and South Asian comparative politics.
Book Synopsis Proportionality in Action by : Mordechai Kremnitzer
Download or read book Proportionality in Action written by Mordechai Kremnitzer and published by Cambridge University Press. This book was released on 2020-04-30 with total page 689 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.
Book Synopsis Ethno-political Conflict in Pakistan by : Rizwan Zeb
Download or read book Ethno-political Conflict in Pakistan written by Rizwan Zeb and published by Routledge. This book was released on 2019-12-12 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critically examines the causes of the increase in insurgent violence in Balochistan and explores the relations between the national government of Pakistan and the province of Balochistan. Based on historical analysis, the book argues that the national government of Pakistan and the leaders of Balochistan both use a standard narrative when dealing with each other. According to the Baloch narrative, Islamabad exploits Balochistan’s natural resources without giving Balochistan its due share and has never accepted and granted Balochistan equal rights. The centre’s narrative emphasizes the tribal character of the Baloch society and suggests that the Baloch elite hinder Balochistan’s integration with the federation. This book demonstrates that both narratives are inherently flawed and presents a precipitous picture of the problem of insurgent violence. It also shows that the Baloch leadership is divided along tribal lines and lacks a unified voice and proposes that the Baloch elite use the narrative of enduring injustice only as a source of politicization of Baloch ethnicity when an actual or perceived injustice is taking place. An important addition to the literature on ethno-political conflicts, this unique analysis of the importance of narrative in the imagination of political movements will be of interest to scholars in the fields of South Asian studies, ethnic conflicts, separatist and political movements and Asian politics.
Book Synopsis Encyclopedia of Women in Today's World by : Mary Zeiss Stange
Download or read book Encyclopedia of Women in Today's World written by Mary Zeiss Stange and published by SAGE. This book was released on 2011-02-23 with total page 2017 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work includes 1000 entries covering the spectrum of defining women in the contemporary world.
Book Synopsis The Oxford Handbook of International Human Rights Law by : Dinah Shelton
Download or read book The Oxford Handbook of International Human Rights Law written by Dinah Shelton and published by . This book was released on 2013-09 with total page 1077 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
Book Synopsis The European Union as Protector and Promoter of Equality by : Thomas Giegerich
Download or read book The European Union as Protector and Promoter of Equality written by Thomas Giegerich and published by Springer Nature. This book was released on 2020-07-06 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.
Book Synopsis A People's Constitution by : Rohit De
Download or read book A People's Constitution written by Rohit De and published by Princeton University Press. This book was released on 2020-08-04 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: It has long been contended that the Indian Constitution of 1950, a document in English created by elite consensus, has had little influence on India’s greater population. Drawing upon the previously unexplored records of the Supreme Court of India, A People’s Constitution upends this narrative and shows how the Constitution actually transformed the daily lives of citizens in profound and lasting ways. This remarkable legal process was led by individuals on the margins of society, and Rohit De looks at how drinkers, smugglers, petty vendors, butchers, and prostitutes—all despised minorities—shaped the constitutional culture. The Constitution came alive in the popular imagination so much that ordinary people attributed meaning to its existence, took recourse to it, and argued with it. Focusing on the use of constitutional remedies by citizens against new state regulations seeking to reshape the society and economy, De illustrates how laws and policies were frequently undone or renegotiated from below using the state’s own procedures. De examines four important cases that set legal precedents: a Parsi journalist’s contestation of new alcohol prohibition laws, Marwari petty traders’ challenge to the system of commodity control, Muslim butchers’ petition against cow protection laws, and sex workers’ battle to protect their right to practice prostitution. Exploring how the Indian Constitution of 1950 enfranchised the largest population in the world, A People’s Constitution considers the ways that ordinary citizens produced, through litigation, alternative ethical models of citizenship.
Download or read book Proportionality written by Aharon Barak and published by Cambridge University Press. This book was released on 2012-01-19 with total page 638 pages. Available in PDF, EPUB and Kindle. Book excerpt: Having identified proportionality as the main tool for limiting constitutional rights, Aharon Barak explores its four components (proper purpose, rational connection, necessity and proportionality stricto sensu) and discusses the relationships between proportionality and reasonableness and between courts and legislation. He goes on to analyse the concept of deference and to consider the main arguments against the use of proportionality (incommensurability and irrationality). Alternatives to proportionality are compared and future developments of proportionality are suggested.
Book Synopsis Proportionality and the Rule of Law by : Grant Huscroft
Download or read book Proportionality and the Rule of Law written by Grant Huscroft and published by Cambridge University Press. This book was released on 2014-04-21 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: To speak of human rights in the twenty-first century is to speak of proportionality. Proportionality has been received into the constitutional doctrine of courts in continental Europe, the United Kingdom, Canada, New Zealand, Israel, South Africa, and the United States, as well as the jurisprudence of treaty-based legal systems such as the European Convention on Human Rights. Proportionality provides a common analytical framework for resolving the great moral and political questions confronting political communities. But behind the singular appeal to proportionality lurks a range of different understandings. This volume brings together many of the world's leading constitutional theorists - proponents and critics of proportionality - to debate the merits of proportionality, the nature of rights, the practice of judicial review, and moral and legal reasoning. Their essays provide important new perspectives on this leading doctrine in human rights law.
Book Synopsis Gender, Culture and Human Rights by : Siobhán Mullally
Download or read book Gender, Culture and Human Rights written by Siobhán Mullally and published by Bloomsbury Publishing. This book was released on 2006-05-26 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, feminist theory has increasingly defined itself in opposition to universalism and to discourses of human rights. Rejecting the troubled legacies of Enlightenment thinking, feminists have questioned the very premises upon which the international human rights movement is based. Rather than abandoning human rights discourse, however, this book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights. Discourse ethics and its post-metaphysical defence of universalism is offered as a key to this process of reconstruction. The implications of discourse ethics and the possibility of reclaiming universalism are explored in the context of the reservations debate in international human rights law and further examined in debates on women's human rights arising in Ireland, India and Pakistan. Each of these states shares a common constitutional heritage and, in each, religious-cultural claims, intertwined with processes of nation-building, have constrained the pursuit of gender equality. Ultimately, this book argues in favour of a dual-track approach to cultural conflicts, combining legal regulation with an ongoing moral-political dialogue on the scope and content of human rights.
Book Synopsis Gender, Space and Agency in India by : Anindita Datta
Download or read book Gender, Space and Agency in India written by Anindita Datta and published by Taylor & Francis. This book was released on 2020-08-31 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the links between gender, space and agency in India. It offers fresh perspectives and frameworks within which these links can be analyzed across diverse geographical contexts in India. The chapters in this volume are based on field studies which showcase how agency is gendered. The volume examines how gender and agency are fashioned by a multitude of everyday contexts, socio-economic processes, policy interventions and geographic phenomenon and manifest in diffusion of education, decentralization of politics, rising social inequalities, poverty, green revolution, mechanization of agriculture and even drought. This book will be of interest to researchers, teachers and practitioners of human geography, social and cultural geography, and those interested in geographies of gender. It will also be helpful for policy makers interested in the issues of gender and development in India.
