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Tools Of Justice

Author: Kalpana Kannabiran
Publisher: Routledge
ISBN: 113619875X
Size: 80.27 MB
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In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Tools Of Justice

Author: Kalpana Kannabiran
Publisher: Routledge
ISBN: 1136198768
Size: 21.97 MB
Format: PDF, Mobi
View: 5415
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In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Tools Of Justice

Author: Kalpana Kannabirān
Publisher: Routledge
ISBN: 0415523109
Size: 60.35 MB
Format: PDF
View: 3652
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In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of violence, injustice and the abuse of rights, this book explores the critical, 'insurgent' possibilities of constitutionalism as a means of revitalising the concepts of non-discrimination and liberty, and of reimagining democratic citizenship. The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in law deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination. This book will be useful to those interested in law, sociology, gender studies, politics, constitutionalism, disability studies, human rights, social exclusion, etc.

Re Presenting Feminist Methodologies

Author: Kalpana Kannabiran
Publisher: Taylor & Francis
ISBN: 135180037X
Size: 11.15 MB
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This book tracks the trajectory of gender in the social sciences and humanities through an exploration of the challenges and contradictions that confront contemporary feminist analysis as well as future directions. Drawing on research in India, the essays in the volume engage with the subject in imaginative ways, each one going beyond documenting the persistence of gender inequality, instead raising new questions and dilemmas while unravelling the complexities of the terrain. They also interrogate extant knowledge that has ‘constructed’ women as ‘agentless’ over the years, incapable of contesting or transforming social orders – by taking a close look at gendered decision-making processes and outcomes, sex for pleasure, health care practices, content and context of formal schooling or the developmental state that ‘mainstreams’ gender. Do existing feminist methodologies enable the understanding of emerging themes as online sexual politics, transnational surrogacy or masculinist ‘anti-feminist’ sensibilities? The feminist methodologies delineated here will provide readers with a toolkit to assess the criticality of gender as well as its nuances. The work foregrounds the importance of intersectionality and builds a case for context-specific articulations of gender and societies that destabilize binary universals. This volume will be useful to scholars and researchers across the disciplines of the social sciences and humanities, especially gender studies, women’s studies, feminism, research methodology, education, sociology, political science and public policy.

Women And Law

Author: Kalpana Kannabiran
Publisher: SAGE Publications India
ISBN: 8132118685
Size: 62.52 MB
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How should we approach the problem of “women and law”? Should the focus be on women-centred laws and their efficacy? Or should the focus be, instead, on the ways in which the law imagines women and the ways in which women have engaged with the law—spilling beyond fields traditionally associated with the phrase “women and law”? And how does violence figure in all these? Women and Law, a compilation of 11 insightful essays, examines these questions and a range of concerns—domestic violence, employment and labour, anti-discrimination jurisprudence, family laws, access to forest and land rights, the right to health, the complexities in the intersection of women’s rights with disability rights and women’s experiences of repressive legislation such as TADA. This volume attempts at a fresh mapping of the field of women and law from an interdisciplinary perspective and presents the work of activists, lawyers and scholars in conversation.

The Collapse Of American Criminal Justice

Author: William J. Stuntz
Publisher: Harvard University Press
ISBN: 0674051750
Size: 32.71 MB
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Rule of law has vanished in America’s criminal justice system. Prosecutors decide whom to punish; most accused never face a jury; policing is inconsistent; plea bargaining is rampant; and draconian sentencing fills prisons with mostly minority defendants. A leading criminal law scholar looks to history for the roots of these problems—and solutions.

Violence Studies

Author: Kalpana Kannabiran
Publisher: Oxford University Press, USA
ISBN: 9780199464821
Size: 54.49 MB
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Violence is embedded in our everyday. We encounter not only its overt, raw, and brutal nature but also the deeply buried invisible and insidious forms that normalize violence in the collective conscience, making it less noticeable and more tolerable. This volume opens out the field of violence studies with a focus on its myriad habitations and experiences in India. It interrogates the numerous ways in which omnipresent violence is interpreted and represented, and delves into the interconnections between the identifiable normative axes of power and the engendering of violence. Bringing together fresh methodological and conceptual perspectives on the way violence is understood and analysed, the contributors to this volume investigate its occurrence across sitesâlaw, family, state, gender, labour, caste, sexuality, communalism, and so onâto explore the normal as well as the exceptional. The case studies in this book are all drawn from the Indian experience. This volume aims towards a coherent and more nuanced understanding of violence that moves beyond the episodic to the systemic, structural levels of society and consciousness.

Fundamental Rights And Their Enforcement

Author: Udai Raj Rai
Publisher: PHI Learning Pvt. Ltd.
ISBN: 8120344324
Size: 69.84 MB
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La 4e de couverture indique : "India is credited with having one of the finest democratic constitutions in the world. And rightly so. For, even though the Indian Constitution has undergone many amendments and has been subjected to a lot of criticism, it has stood the test of time and has emerged as the beacon of hope, ensuring liberty, equality and justice to the citizens. It is in this context this comprehensive and systemically organized book on Fundamental Rights and Their Enforcement, written by Prof. Udai Raj Rai, an eminent academic with great legal acumen, becomes so significant. The book is a study on the fundamental rights guaranteed under Part III of the Constitution. Divided into 15 chapters aEUR" each chapter is again divided into parts aEUR" the book discusses in detail Liberty-based rights such as right to freedom of expression and other article 19 rights; life and personal liberty; preventive detention, capital punishment and prisoneraEUR s rights; and freedom of religion. Then it goes on to give an in-depth analysis of Equality-based rights aEUR" equality before law; non-discrimination and equal opportunity; social reservation; Liberty and Equality-based-rights aEUR" social equality and right to education as well as minority rights to establish and administer educational institutions. The book concludes with a comprehensive coverage on reach of fundamental rights; its violation; enforcement of the rights; Directive Principles of State Policy; and the fundamental duties of citizens. The book being a juridical study, the emphasis throughout is on analytical and critical study of important Supreme Court judgments. So, such major judgments as A.K. Gopalan and Maneka are highlighted. The distinction between pre-Maneka and post-Maneka jurisprudence is also clearly brought out. Besides, there is an elaborate discussion on the right to information, special problems regarding media freedom, and the Law of Contempt of Court which, the author feels, needs amendment. This well-balanced and well-researched book is intended as a text for postgraduate students of law (LL.M.) and as a reference for undergraduate students of law (LL.B., BA LL.B.). It should also serve as a valuable reference to lawyers, judges, and the teaching community. KEY FEATURES : Gives an analytical and critical study of Supreme Court judgments in relation to fundamental rights. Highlights the need for testing the laws on the touchstone of Secularism. Shows the need for balancing the StateaEUR s regulatory power and educational rights of the minorities. Gives recent Supreme Court decisions in the Addenda at the end of the book"

Brainwashed

Author: Tom Burrell
Publisher: ReadHowYouWant.com
ISBN: 145875118X
Size: 44.61 MB
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''Black people are not dark-skinned white people,'' says advertising visionary Tom Burrell. In fact, they are a lot more. They are survivors of the Middle Passage and centuries of humiliation and deprivation, who have excelled against the odds, constantly making a way out of ''no way! '' At this point in history, the idea of black inferiority should have had a ''Going-Out-of-Business Sale.'' After all, Barack Obama has reached the Promised Land. Yet, as Brainwashed: Challenging the Myth of Black Inferiority testifies, too much of black America is still wandering in the wilderness. In this powerful examination of ''the greatest propaganda campaign of all time'' - the masterful marketing of black inferiority - Burrell poses 10 provocative questions that will make black people look in the mirror and ask why, nearly 150 years after the Emancipation Proclamation, so many blacks still think like slaves. Brainwashed is not a reprimand; it is a call to deprogram ourselves of self-defeating attitudes and actions. Racism is not the issue; how we respond to racism is the issue. We must undo negative brainwashing and claim a new state of race-based self-esteem and self-actualization.

The Wages Of Impunity

Author: K. G. Kannabiran
Publisher: Orient Blackswan
ISBN: 9788125026389
Size: 37.82 MB
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The Wages of Impunity consists of essays on human rights and civil liberties in India. Reiterating the indispensability of fundamental rights, the essays focus on aspects such as secularism, socialism, and the right to life, liberty, free speech and association. Using the Constitution as the point of departure, the author opens up the complexity of rights through incisive analyses of case law on each of these aspects.