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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.
Book Synopsis Legal Reasoning in Equality Interpretation. An Analysis of the Indian Constitution by : Harshit Rai
Download or read book Legal Reasoning in Equality Interpretation. An Analysis of the Indian Constitution written by Harshit Rai and published by GRIN Verlag. This book was released on 2019-09-30 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seminar paper from the year 2018 in the subject Law - Philosophy, History and Sociology of Law, Symbiosis International University, language: English, abstract: The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis. The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.
Book Synopsis gender justice extremity of justice:Indian perspective by : Dr.ANU MUTNEJA
Download or read book gender justice extremity of justice:Indian perspective written by Dr.ANU MUTNEJA and published by OrangeBooks Publication. This book was released on 2023-04-21 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Preface “A feminist is anyone who recognizes the equality and full humanity of women and men.” Gloria Steinem We all know about gender justice is not new conceptions it was find view of western thinkers Plato, Aristotle, and John Stuart Mill. Principle of gender justice is parameter of the good governance and ideal society. The utilitarian thinker John Stuart Mill described in his book The Subjection of Women, women could not vote. A married woman was not a separate legal entity from her husband, and any property or money she owned came under his governance.A common justification for women’s inferior legal status was that they were morally superior to men, and therefore better restricted to the home, where they would be protected from the polluting influence of public life and could shape the morals of the future generation. Mill argues that this is illogical and against gender justice. The book analyse problem’s regarding women that barrier of gender justice in society like family law, criminal law, and maintains law also, which achieved and protected the conception of gender justice. Achieve justice is fundamental principles of every legal system gender justice is prominent objects of our Indian constitution. For human growth and the attainment of peaceful, just, and inclusive societies, gender justice is essential. It involves putting an end to disparities in the law and in practise between men and women, as well as offering compensation for those disparities. The UNDP adopts a comprehensive strategy to advance gender justice by assisting our national partners in advancing women's rights through legislative and policy changes that address harmful gender stereotypes, prejudices, and practises; disseminating knowledge and information that encourages behaviour change; promoting access to justice for women and enhancing their security; and empowering women as active participants in the process of transforming gender and society. Principles of Sustainable Development goals also estimated gender justice in goal no 4, will be fulfilling by all member state of UNO till 2030. Our Indian constitution incorporated Gender Justice Principles in Article 14, 21, and preamble. Indian judiciary also propounds milestone judgment to implementation of gender justice in country. The book collaborates in many aspect of the gender justice achieved through constitutional law as well as criminal law & personal law.
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 Gender Justice and the Judiciary by : Mehak Bajpai
Download or read book Gender Justice and the Judiciary written by Mehak Bajpai and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is impossible to live without and beyond one's 'gender' today, for it comes in the package with your sex. Therefore, gender justice, is all encompassing of the gendered experiences that are a part of life in a society for everyone, and is meant to liberate people from them if they're unjust. Since women happen to be one of the prominent minorities in India, and globally seen as a vulnerable group, gender justice is usually understood in terms of being just to them, sometimes at the cost of others. One of the key agents of social transformation have been courts in India. However, out of all the transformations, they have been a part of, their true participation in the matters requiring gender justice has been quite disconcerted. Even in the cases where the courts have upheld gender justice to be intrinsic to the constitutional culture of India, the adjudication on the same has not rendered effective results for us. Author cannot possibly write about all walks of life where women still await 'justice', but this piece is a cursory glance on how there is a dissonance between understanding of constitution among court and people, even today. This comes at a time where the Supreme Court's decision on instant triple talaq has been praised globally, but whether it does or does not do gender justice, remains a question. Not only this, gender disparity remains an issue in both lower and higher judiciary even today. In addition, the issue of gender justice has always taken a back seat when it comes to religious freedom. In this backdrop, therefore, I will try two test two key assumptions in the light of various decisions of the courts in the country, over the years. Author's key hypotheses for this piece are; the Supreme Court's attitude towards women and their constitutional rights has been more paternalistic than empowering. Second, there is a visible disconnect between the constitutional, judicial and people's idea of gender justice.
Book Synopsis Quest for Gender Justice by : Sebasti L. Raj
Download or read book Quest for Gender Justice written by Sebasti L. Raj and published by Drake International Services. This book was released on 1991 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law and Gender Inequality by : Flavia
Download or read book Law and Gender Inequality written by Flavia and published by Oxford University Press, USA. This book was released on 1999 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a highly charged and communally vitiated political scenario. It goes on to expose the communal undertones of some recent well published judicial pronouncements.
Book Synopsis Off the Beaten Track by : Madhu Kishwar
Download or read book Off the Beaten Track written by Madhu Kishwar and published by Oxford University Press, USA. This book was released on 1999 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents Some Of Kishwar`S Best And Most Controversial Essays Relating To Women - Marraige Payments And Dowry - Unwanted Daughters - Denial Of Inheritance Rights To Women - Land Rights - Love, Sex And Marriage - Harassment, The Culture Of Beauty Contest - Sita As An Ideal Etc.
Book Synopsis Gender Justice by : G. Rajasekharan Nair
Download or read book Gender Justice written by G. Rajasekharan Nair and published by . This book was released on 2011 with total page 512 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 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.