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Tools Of Justice

Author: Kalpana Kannabiran
Publisher: Routledge
ISBN: 113619875X
Size: 52.41 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.

Violence Studies

Author: Kalpana Kannabiran
Publisher: Oxford University Press, USA
ISBN: 9780199464821
Size: 37.13 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.

A Theory Of Discrimination Law

Author: Tarunabh Khaitan
Publisher: OUP Oxford
ISBN: 0191066389
Size: 69.95 MB
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Marrying legal doctrine from five pioneering and conversant jurisdictions with contemporary political philosophy, this book provides a general theory of discrimination law. Part I gives a theoretically rigorous account of the identity and scope of discrimination law: what makes a legal norm a norm of discrimination law? What is the architecture of discrimination law? Unlike the approach popular with most textbooks, the discussion eschews list-based discussions of protected grounds, instead organising the doctrine in a clear thematic structure. This definitional preamble sets the agenda for the next two parts. Part II draws upon the identity and structure of discrimination law to consider what the point of this area of law is. Attention to legal doctrine rules out many answers that ideologically-entrenched writers have offered to this question. The real point of discrimination law, this Part argues, is to remove abiding, pervasive, and substantial relative group disadvantage. This objective is best defended on liberal rather than egalitarian grounds. Having considered its overall purpose, Part III gives a theoretical account of the duties imposed by discrimination law. A common definition of the antidiscrimination duty accommodates tools as diverse as direct and indirect discrimination, harassment, and reasonable accommodation. These different tools are shown to share a common normative concern and a single analytical structure. Uniquely in the literature, this Part also defends the imposition of these duties only to certain duty-bearers in specified contexts. Finally, the conditions under which affirmative action is justified are explained.

Re Presenting Feminist Methodologies

Author: Kalpana Kannabiran
Publisher: Taylor & Francis
ISBN: 1351799266
Size: 65.87 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.