Trajectories of Persons with Visual Impairment: Narratives of a Woman

This study discusses the lived-in experiences of a lady with visual impairment. The main objective of the study was to explore the trajectories of a female with visual impairment and understand life experiences from the lens of equality and justice perspectives. This study comes out with the finding that discrimination against visually impaired females is still prevalent in our society even after the enactment of acts and provision in Indian Constitution.

THE PUSH FOR THE DIGITALIZATION OF THE COURTS IN THE INDIAN CONSTITUTION, IN THE WAKE OF COVID 19 AND ITS SOCIAL IMPACT

According to Salmond ‘Law may be defined as the body of principles Recognized and applied by the state in the administration of justice. We cannot Imagine our life without the law as it also governs the human conduct in day to day life, In a young democracy like that of democracy the Importance of Judiciary is Magnified, although it has its flaws, the Indian judiciary, especially the higher judiciary, has come through for the citizens more often than not, Things changed when the pandemic that struck the world in 2019 made its presence in India as well. It brought the life to standstill, like everything and everyone the judiciary was also affected by the deadly virus too, there was delay in justice, when the most foundational mandate of an institution is not being fulfilled, and its credibility will be called into question. On the other hand the Pandemic has blessed the judiciary in many ways, Indian judiciary has always lacked behind when it came to digital access, and digitalization was limited only to those people who wanted to access individual cases. The court proceedings were still based on old aged approach, however like it forced everyone hand to embrace a new way of living , the Pandemic forced the Indian judiciary to come out of its shell.

Deconstructing the Role of Film Censorship, as a Constraint on Free Speech

This paper attempts to illustrate how film censorship as a practice, hampers the ‘free’ usage of the right to free speech and expression under Article 19(1)(a) of the Indian Constitution. To undertake this research objective, reliance has been placed on the judiciary’s track record in handling censorship cases. The findings of this paper show that even while the judiciary has recognised that cinema falls under the ambit of Article 19(1)(a), it has not always been proactive in advocating in favour of the right to free speech and in fact, has often justified censorship by giving certain reasons, which nevertheless seem problematic. When the judiciary takes such steps, it not only cripples the right to free speech and expression but also frightens and raises inhibitions in the minds of the citizens, and thereby giving rise to consequences. Therefore, by using judicial pronouncements from various landmark judgements, this paper highlights that right to free speech in censorship cases has not been a value dear to judiciary as it has more often than not, favoured censorship, thereby showing how censorship acts as a constraint in being able to freely exercise right to free speech. Further, the paper also unveils the ramifications of such actions of the judiciary alongside discussing some of the recent debates on film censorship and the right to free speech.

Judicial Approaches to the Criminalisation of Marital Rape

In India, as in different traditional cultures, women have been and still are treated in a number of inhumane ways. They are controlled, prone to assault and abuse and risk rape not only outside but within their own homes. Moreover, marital rape is not considered a crime in India. The article attempts to analyse Indian rape laws and to show that exemption for marital rape does not align with the fundamental principles of justice and equality, which is the basic feature of the Indian Constitution. The article argues that the exemption clause should be repealed, and marital rape be criminalised. The article further discusses the approach of the Indian judiciary towards the issue of criminalisation of marital rape.

Gender Discourses and the Making of the Indian Constitution

Indian democracy was constituted after a long struggle for self- determination, which ultimately culminated in the making of a constitution for independent India. This article seeks to revisit gender discourses during the constituent assembly debates when women members were seeking for complete gender equality to be written into the constitution. The nationalist discourses on ‘Indian womanhood’ prevalent during the years of the freedom struggle were articulated and reflected in the debates and impacted the writing of the text of the constitution. The final text contains gender progressive provisions on which consensus had been achieved during the nationalist struggle but excludes explicit provisions that would have challenged the roots of patriarchal structures. Thus, while the nationalist movement provided a platform for women to organise for their rights, it also constrained the agenda of transformation.

The Citizenship Amendment Act 2019: An Insight through Constitutional and Secularism Perspective

The primary endeavor of this paper is to illuminate the contentious Citizenship Amendment Act 2019 through the constitution and human rights jurisprudence perspective. In this paper, an attempt has been made to propose a different interpretation of the Citizenship Amendment Act 2019 which not only infracts constitutional values but also legalized the hate against minorities, especially Muslims. India—as a nation state—has always cherished and remained concerned about its secular and democratic character. Since independence, India has maintained its global position as a responsible and humane society to protect minorities’ rights and social justice. Shockingly, the legislative development that had taken place in the recent past has questioned India’s commitment toward the certain principle of human rights, democratic values, and secularism which are the hallmark of the Constitution of India. The Citizenship Amendment Act 2019 has put religion as a pre-requisite qualification if someone is desirous to apply for Indian citizenship which is purely a violation of the basic ethos of the constitution. The idea of India as envisioned by the framers of the Indian constitution as a democratic, secular, and socialist state and anything that contrary to its basic structure is unconstitutional. The contentious legislation whether unconstitutional or not needs to be examined through the prism of constitutional law and fundamental norms of human rights. In this research exercise, a modest attempt is made to examine all merits and demerits of this antagonistic citizenship legislation. Throughout the paper, the effort has been given to sustain the notion that India cannot be a republic founded on discrimination, hate, and a pervasive sense of fear.

THE RULE OF LAW IN INDIAN ADMINISTRATIVE LAW VERSUS THE PRINCIPLE OF LEGALITY IN SOUTH AFRICAN ADMINISTRATIVE LAW: SOME OBSERVATIONS

The rule of law is expressly mentioned in the Constitution of the Republic of South Africa, 1996. The principle of legality has flourished in South African administrative law since its recognition and reception into our law in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (1) SA 374 (CC). The Indian Constitution does not contain an equivalent expression of the rule of law. Notably, how persons and societies in India govern themselves is premised upon beliefs akin to the rule of law. Moreover, Indian administrative law has been strongly influenced by the theory of the rule of law as advocated by Dicey. Whilst Indian administrative law relies heavily upon the rule of law to judicially review conduct that is capricious, South African administrative law has come to rely on the incident of the rule of law, namely the principle of legality. This contribution inspects some of the reasons why the rule of law is heavily relied on in Indian administrative law – where it essentially mirrors the South African administrative law principle of legality. This contribution also suggests reasons as to why the principle of legality is so prevalent in South African administrative law as opposed to merely the rule of law as employed by the Indian courts in Indian administrative law.

La complessità dei diritti personali e il dibattito sul Codice civile uniforme in India

SOMMARIO: 1. Introduzione - 2. La logica dell’uniformazione - 3. Due significati di “complessità”. The complexity of personal laws and the debate on the Uniform Civil Code in India ABSTRACT: The promulgation of the Uniform Civil Code, envisaged in the Indian Constitution as a Directive Principle of State Policy, has been at the center of a debate on overcoming the application of personal laws in matters of family and succession that has always been present in the Indian context and has recently been revived. The contribution identifies as useful keys for analysis on the one hand the logic of uniformisation as choice and, on the other hand, complexity, understood both as the operational difficulty of managing a system of laws applied on a personal basis and as a basic feature of continuous interactions between different principles and rules in a highly pluralistic context.

Life of a Nation's Text: The Travels and Travails of the Indian Constitution

This review essay briefly discusses Granville Austin's landmark study of the working of the Indian Constitution and its critics, reviews three recent books on that Constitution, and evaluates the extent to which these new works have been able to take constitutional studies in new directions. All three books shine a light on the critical role of the Constitution and the courts in Indian democracy. While the authors are well aware of contemporary challenges to constitutionalism and have written on them elsewhere, this does not fully come through in their books. Despite this shortcoming, these recent studies are indispensable in making sense of the Constitution and its role in Indian democracy.

Dr. Bhim Rao Ambedkar’s Views on Social Justice: An Appraisal

Baba Sahib Bhim Rao Ambedkar views on social justice are the very basis of the Indian Constitution. The social justice means providing equal social opportunities to everyone to develop their personalities, associated with equality and social rights. In every state it becomes important to secure a social order based on justice and creating an equal opportunity available to everyone. Mostly, the people are being treated with discrimination in size, color, caste, religion, race in the society because of they are mostly uneducated and from marginalized sections of the society that creates a social disorder and inequality among them. Hence, the need of the social justice is an inevitable and is the only weapon to prosper the people towards their active participation in the development and mainstream of the society. However, it becomes important to establish an egalitarian social, economic and political order in diverse society like India. It’s in this backdrop the article tries to explore the concept of social justice and Ambedkar view on it. How far Ambedkar’s reflection is visible in Indian Constitution and its relevance in the present times.