scholarly journals Social Acceptance and Section 377: A Case Study of Transgender People in Jammu City

2020 ◽  
Vol 19 (1) ◽  
pp. 137-156
Author(s):  
Parul Priya ◽  
Anurag Kumar
Keyword(s):  
Public Sphere ◽  
Social Acceptance ◽  
Phenomenological Approach ◽  
Transgender People ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Economic Exclusion ◽  
Interpretative Phenomenological Approach ◽  
Indian Penal Code

AbstractThe Supreme Court of India recently decriminalized section 377 of the Indian Penal Code to outlaw the unfair violence and discrimination against transgender people. The paper argues that despite the legal acceptance of Section 377, the discrimination and social exclusion of transgender people continue in the Indian public sphere. The method of Interpretative Phenomenological Approach has been used to analyze the interviews of five transgender people from Jammu city. The findings suggest patterns and relationships within the data which are useful for understanding various ways in which transgender people negotiate and contemplate their lives outside the known social network they resort to. By analyzing the interpretations of selected transgender people, the study reveals that they bear the brunt of social and economic exclusion due to their gender identity on day-to-day basis.

scholarly journals PRUNING OF SECTION 377, INDIAN PENAL CODE, 1860 AND CHANGED DYNAMICS OF MORALITY IN INDIAN SOCIETY

2020 ◽  
Vol 7 (6) ◽  
pp. 1077-1081
Author(s):  
Parul Yadav ◽  
Komal Vig
Keyword(s):  
Social Structure ◽  
Supreme Court ◽  
Legal System ◽  
Penal Code ◽  
Indian Society ◽  
Supreme Court Of India ◽  
The Social ◽  
The Supreme Court ◽  
Set Up ◽  
Indian Penal Code

Purpose: The research paper has been written in order to analyze the impact of reading down the notorious section of Indian Penal Code, 1860 which being Section 377 which penalized every sexual act other than a heterosexual union even if consensual in the judgment given by the Supreme Court of India in Navjot Singh v. Union of India on the society of India. This paper aims to see its impact on the morality of the Indian community on the known definitions and working of the morality in the social and the legal system. Methodology: In this work classical method of research has been followed which being doctrinal research also, a comparative analysis between the legal text of Section 377 of Indian Penal Code, 1860 and the judgments announced by the Supreme court of India has been undertaken with the proportional qualitative analysis done with moral set up of Indian Society. Main Findings: The analysis conducted on law and social structure of Indian Society by the researchers point out to the fact that after reading down of Section 377, the social set-up of India is resenting the recognition granted to third sex and gender because it disturbs its moral thread which has knitted the social structure known as of now and introduces a third angle in known concepts of sex and sexuality which till now have been relying on parallel tracks of male and female sex/gender. Application: This research piece will aid students in understanding the concept of morality and will demonstrate its effect on the working of the Criminal system of a country. Moreover, it will also give support in understanding the role of biological sex and sexual preferences in shaping law as known today. Novelty/Originality: This research is novel in its attempt of wherein morality has been traced in the criminal legal system of the country which is most prominent in issues related to the sex of the human body and its sexuality.

scholarly journals Pungent Irrationality and Troubled Modernity in Kerala

2019 ◽  
Vol 13 (1) ◽  
pp. 19-35
Author(s):  
V. Bijukumar
Keyword(s):  
Social Capital ◽  
Civil Society ◽  
Public Sphere ◽  
Age Groups ◽  
Developmental Model ◽  
Radical Politics ◽  
Royal Family ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Social Conservatism

The street protests of the upper caste Hindus and the members of the erstwhile royal family under the leadership of the BJP–RSS against the verdict of the Supreme Court of India on opening the Sabarimala temple for women of all age groups demonstrate the deep malaise of creeping irrationality in the globally acclaimed project of Kerala modernity. In fact, such outbursts not only unveil the longstanding contradictions of Kerala modernity and the inadequacies of its developmental model but also bound to have serious implications for the multicultural ethos and the radical politics of the state. The rising tide of social conservatism and obscurantism retard Kerala into state of gloom and the depletion of its vibrant civil society and solid social capital leading communalising everyday life and public sphere.

‘Using’ Crisis of Governance as an Opportunity for ‘Re-invention’: Why the Supreme Court of India Took To Hearing Public Interest Litigations—A Case Study

2020 ◽  
Vol 7 (2) ◽  
pp. 215-223
Author(s):  
Subrata Biswas
Keyword(s):  
Supreme Court ◽  
Public Interest ◽  
Good Governance ◽  
Positive Role ◽  
Indian Politics ◽  
Supreme Court Of India ◽  
The People ◽  
The Supreme Court ◽  
The Right

What do the different State organs do when they face a crisis? Do the suffering institutions successfully re-invent themselves or is it that some other institution uses the crisis to find an ‘opportunity’ to re-invent itself? Can one’s crisis be another’s opportunity? This case-study analyses how the Supreme Court of India (hereinafter SCI) reinvented itself in a bid to further the cause of good governance in the country ever since emergency had been clamped on the nation towards the end of 1970s. Surely there has been a crisis of governance in India, caused by the pathetic performance of both the legislature and the executive. It has led to myriad problems in both social and political arenas. If left unaddressed, Indian people might have turned more violent than they already are and that could have perpetrated a failure of democracy in the country. But the SCI has successfully played a positive role in this regard. If the other institutions have failed the people, the Supreme Court has championed their cause. The world’s largest democracy stands saved until now. But is it wholly the judges’ heartfelt concern for the people that has prompted the Supreme Court to function in this fashion? Did anything go wrong during the emergency? Why is it that it has been more and more active ever since the emergency ended? And why is it that there has been an exponential growth in public interest litigations (hereinafter PILs) in the Supreme Court even though it cannot handle so many cases because of infrastructural paucities? Situating itself in the specific context of PILs entertained by the SCI and supporting it with the theoretical inputs of the so-called ‘principal-agent framework’, this essay argues that there has been a competition (i.e., between the court and the elected politicians) for ‘occupying’ more space in the domain of governance since the inception of the Constitution and it is only the Supreme Court that got the right ‘opportunity’ to achieve its objective in the wake of crisis in governance that became so visible in Indian politics ever since the fag-end of the 1970s. While the court tried other instruments earlier in its game plan vis-a-vis the elected politicians, the crisis situation since the end of the 1970s made it ‘invent’ a new tool in the form of PILs capable of safeguarding the interests of the people and insulating them against the mindless functioning of multiple state agencies. But how far can the SCI (hereinafter SCI) proceed with this new tool? Is there a risk of ‘overusing’ it? Does the court not have its own limitations in this regard, too? What should the Supreme Court do in order to avert a fresh ‘crisis’?

Spreading Environmental Awareness Through Environmental Education in Schools: The Case Study of a Sikkimese Green School

2021 ◽  
Vol 8 (2) ◽  
pp. 234-246
Author(s):  
Jwala D. Thapa
Keyword(s):  
Environmental Education ◽  
Environmental Awareness ◽  
Field Research ◽  
Holistic Approach ◽  
State Intervention ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Green School ◽  
The Creation

The subject of environmental education (EE) in India, also known as environment studies (EVS), was introduced through the intervention of the Supreme Court of India (SC). At that time, there was also global recognition towards the creation of ‘environmental citizens’ through inculcating environmental awareness in school-going children, with the motto of ‘catch them young’. Since then, EE in India has seen an evolution in itself through enveloping the studies of various topics related to the natural environment. However, one of the concerns has been that it is taught in a theoretical manner and that since it is not treated as a graded subject, schools have not given it the importance it deserves. However, the study of a green school of the Himalayan state of Sikkim shows that active participation of state machinery, coupled with a practical interpretation of its principles, can lead to positive results. It also shows that the creation of environmental citizens needs a holistic approach, through both amalgamation of theory with practice and syllabus with stringent state intervention and results-oriented action. This article, which uses doctrinal, as well as field research, techniques of interview and observation, looks into these aspects through studying a school in a mountain village of West Sikkim in India.

Evaluating Community Engagement and Benefit-Sharing Practices in Australian Wind Farm Development

2017 ◽  
Vol 1 (1) ◽  
pp. 1-6 ◽  
Author(s):  
Nina Lansbury Hall ◽  
Jarra Hicks ◽  
Taryn Lane ◽  
Emily Wood
Keyword(s):  
Community Engagement ◽  
Community Involvement ◽  
Wind Farm ◽  
Social Acceptance ◽  
Wind Farms ◽  
Clean Energy ◽  
Benefit Sharing ◽  
Delphi Panel ◽  
Government Organizations

The wind industry is positioned to contribute significantly to a clean energy future, yet the level of community opposition has at times led to unviable projects. Social acceptance is crucial and can be improved in part through better practice community engagement and benefit-sharing. This case study provides a “snapshot” of current community engagement and benefit-sharing practices for Australian wind farms, with a particular emphasis on practices found to be enhancing positive social outcomes in communities. Five methods were used to gather views on effective engagement and benefit-sharing: a literature review, interviews and a survey of the wind industry, a Delphi panel, and a review of community engagement plans. The overarching finding was that each community engagement and benefit-sharing initiative should be tailored to a community’s context, needs and expectations as informed by community involvement. This requires moving away from a “one size fits all” approach. This case study is relevant to wind developers, energy regulators, local communities and renewable energy-focused non-government organizations. It is applicable beyond Australia to all contexts where wind farm development has encountered conflicted societal acceptance responses.

scholarly journals Deservingness in Judicial Discourse. An Analysis of the Legal Reasoning Adopted in Dutch Case Law on Irregular Migrant Families’ Access to Shelter

2021 ◽  
pp. 1-10
Author(s):  
Lieneke Slingenberg
Keyword(s):  
Supreme Court ◽  
Legal Reasoning ◽  
Migrant Families ◽  
The Supreme Court ◽  
Judicial Discourse ◽  
Major Shift ◽  
New Interpretation ◽  
Irregular Migrant ◽  
Court Of Appeal

In September 2012, the Dutch Supreme Court upheld a judgment of the Hague Court of Appeal that the eviction from basic shelter of a mother and her minor children, who did not have legal residence in the Netherlands, was unlawful. This ruling was instigated by a radically new interpretation of the European Social Charter’s personal scope and caused a major shift in Dutch policy. This article provides a case study into the legal reasoning adopted by the Court of Appeal and the Supreme Court. It argues that, instead of relying on legal doctrinal reasoning for justifying the outcome, both courts referred to factors that the general public relies on to assess people’s deservingness of welfare. This finding raises fundamental questions about the relationship between human rights law and deservingness; and calls, therefore, for further research into the relevance of deservingness criteria in judicial discourse.

Rethinking crisis dynamics from the perspective of online publics: A case study of Dolce & Gabbana’s China crisis

2021 ◽  
pp. 2046147X2110268
Author(s):  
Zhuo Ban ◽  
Alessandro Lovari
Keyword(s):  
Public Relations ◽  
Public Sphere ◽  
Crisis Communication ◽  
Chinese Culture ◽  
Communication Strategies ◽  
Interactive Process ◽  
Communicative Behavior ◽  
Media Channels ◽  
Chinese Public

On November 18, 2018, the Italian fashion house Dolce & Gabbana (D&G) released a controversial video on all their social media channels. The video triggered an instant outcry from the general Chinese public, who called the video a racist caricature of Chinese culture. D&G responded to the crisis with several image repair strategies. This study examines D&G’s crisis communication efforts in the wake of this incident. Departing from corporate-oriented perspectives prevalent in the field of public relations, this study employs a dynamic, public-oriented view of crisis communication, which focuses on the dynamic, interactive process of crisis development from the standpoint of the publics. By analyzing communicative behavior on Twitter (an increasingly influential alternative public sphere in China) and in particular, comments and responses toward the crisis communication strategies employed by D&G, we have identified four prominent themes, or ways that publics framed their key messages against the corporation: “Apology not enough”; “Apology done badly”; “Call to unite against D&G”; and “Sarcasm, mockery, and abuse.” And they can be interpreted as a number of crisis communication strategies of the global, online publics. Based on our analysis of the D&G case, we discuss the theoretical implications of a dynamic, public-oriented perspective (DPOP) on crisis communication, highlighting its key areas of difference from the corporate-oriented perspective (COP).

scholarly journals Ethical and legal issues in aesthetic surgery

2012 ◽  
Vol 45 (03) ◽  
pp. 547-549 ◽  
Author(s):  
Suresh Gupta
Keyword(s):  
Cosmetic Surgery ◽  
Aesthetic Surgery ◽  
General Medical Council ◽  
Medical Council ◽  
Criminal Proceedings ◽  
The Past ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
Ethical And Legal Issues ◽  
Lay Public

ABSTRACTRapid growth and expansion of plastic surgery in general and aesthetic surgery in particular in the past decade has brought in its wake some confusions particularly raising questions for the surgeons conduct towards his colleagues and the patients in the light of ethical requirements. Some thoughts from eminent thinkers form a backdrop to consideration of theories of medical ethics. In this article raging and continuous debates on these subjects have been avoided to maintain the momentum. Apart from the western thoughts, directions from our old scriptures on ethical conduct have been included to accommodate prevelant Indian practices. The confusion created by specialists advertising their abilities directly to the lay public following removal of ethical bars by the American Courts as also latitudes allowed by the General Medical Council of Great Britain have been discussed. The medical fraternity however has its reservations. Unnecessary skirmishes with the law arose in cosmetic surgery from the freedom exercised by the police to file criminal proceedings against attending doctors in the event of a patient′s death with or without any evidence of wrong doing. This has now been curtailed in the judgement of the Supreme Court of India[1] where norms have been laid down for such prosecution. This has helped doctors to function without fear of harassment. An effort has been made to state a simple day-to-day routine for an ethical doctor-patient relationship.

Sign in / Sign up

Export Citation Format

Share Document