Gender Justice and Proportionality in India: Comparative Perspectives, 1st Edition (Hardback) book cover

Gender Justice and Proportionality in India

Comparative Perspectives, 1st Edition

By Juliette Gregory Duara


220 pages

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Hardback: 9781138706699
pub: 2017-10-03
eBook (VitalSource) : 9781315201641
pub: 2017-10-06
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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.

Table of Contents

1. Acknowledgements

2. List of abbreviations

3. Introduction to Proportionality and Gender Equality

4. Constitutional Courts in Context: India, Canada and South Africa

5. The Adjudication of Gender Equality in Independent India: Judicial Discourse from Deference to Discord

6. The Theoretical Foundations of Proportionality Analysis

7. Proportionality Analysis in Canadian Gender Equality Jurisprudence

8. Proportionality Analysis in South African Gender Equality Jurisprudence

9. Defining an Indian Proportionality Analysis for Gender Equality and Beyond

10. Index

About the Author

Juliette Gregory Duara is a Senior Fellow at the Kenan Institute for Ethics, Duke University, USA.

About the Series

Routledge Advances in South Asian Studies

South Asia, with its burgeoning, ethnically diverse population, soaring economies, and nuclear weapons, is an increasingly important region in the global context. The series, which builds on this complex, dynamic and volatile area, features innovative and original research on the region as a whole or on the countries. Its scope extends to scholarly works drawing on history, politics, development studies, sociology and economics of individual countries from the region as well those that take an interdisciplinary and comparative approach to the area as a whole or to a comparison of two or more countries from this region. In terms of theory and method, rather than basing itself on any one orthodoxy, the series draws broadly on the insights germane to area studies, as well as the tool kit of the social sciences in general, emphasizing comparison, the analysis of the structure and processes, and the application of qualitative and quantitative methods. The series welcomes submissions from established authors in the field as well as from young authors who have recently completed their doctoral dissertations.

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Subject Categories

BISAC Subject Codes/Headings:
SOCIAL SCIENCE / Ethnic Studies / General