Gender Justice and Proportionality in India : Comparative Perspectives / Juliette G. Duara.

Format:

Book

Author/Creator:

Duara, Juliette Gregory, author.

Series:

Routledge advances in South Asian studies.

Routledge Advances in South Asian Studies

Language:

English

Subjects (All):

Women--India--Social conditions.

Women.

Women's rights--India.

Women's rights.

India.

Physical Description:

1 online resource (231 pages) : illustrations, tables.

Edition:

1st ed.

Place of Publication:

London : Routledge, [2018]

Summary:

"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."--Provided by publisher.

Contents:

chapter 1 Introduction to Proportionality and Gender Equality

chapter 2 Constitutional Courts in Context: India, Canada and South Africa

chapter 3 Gender Equality Adjudication in Independent India: Judicial Discourse from Deference to Discord

chapter 4 Proportionality Analysis: Theoretical Foundations

chapter 5 Doctrinal Iterations of Proportionality Analysis in Canadian Gender Equality Jurisprudence

chapter 6 Doctrinal Iterations of Proportionality Analysis in South African Gender Equality Jurisprudence

chapter 7 Reprise and Implications: Defining the Attributes of an Indian Proportionality Analysis for Gender Equality and Beyond.

Notes:

Includes bibliographical references at the end of each chapters and index.

Description based on online resource; title from PDF title page (ebrary, viewed November 3, 2017).

ISBN:

1-351-78262-2

1-315-20164-X

1-351-78261-4

9781315201641

OCLC:

1004350595