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Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases
Alabama Law Scholarly Commons Articles Faculty Scholarship 2017 Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases Deepa Das Acevedo University of Alabama - School of Law, [email protected] Follow this and additional works at: https://scholarship.law.ua.edu/fac_articles Recommended Citation Deepa Das Acevedo, Sovereignty and Social Change in the Wake of India's Recent Sodomy Cases, 40 B. C. Int'l & Comp. L. Rev. 1 (2017). Available at: https://scholarship.law.ua.edu/fac_articles/450 This Article is brought to you for free and open access by the Faculty Scholarship at Alabama Law Scholarly Commons. It has been accepted for inclusion in Articles by an authorized administrator of Alabama Law Scholarly Commons. SOVEREIGNTY AND SOCIAL CHANGE IN THE WAKE OF INDIA'S RECENT SODOMY CASES DEEPA DAS ACEVEDO* Abstract: American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India-spurred by developments in a special type of legal ac- tion developed in the late 1970s known as public interest litigation (PIL)-have only recently begun to question the judiciary's ability to promote progressive social change. Indian scholarship on this point has veered between despair that PIL cases no longer reliably produce good outcomes for India's most disadvan- taged and optimism that public interest litigation can be returned to its glory days of heroic judicial intervention. Perhaps no pair of cases so nicely captures this dichotomy as the 2009 decision in Naz Foundation v. -
An Interview with Teesta Setalvad
Jindal Global Law Review https://doi.org/10.1007/s41020-020-00116-3 ARTICLE Proto‑fascism and State impunity in Majoritarian India: An Interview with Teesta Setalvad Oishik Sircar1 © O.P. Jindal Global University (JGU) 2020 Abstract This interview with Teesta Setalvad was conducted in the wake of the February 2020 anti-Muslim violence in North East Delhi. Drawing on her vast experience as a human rights activist, journalist, and peace educator, Setalvad’s responses map the continuum — across years, anti-minority pogroms and ruling parties with divergent ideologies — of the cultures of hate, and the practices of state repression and impu- nity in a proto-fascist India. Setalvad ofers an interrogation of the ideology of the Hindu right, delves into the historical trajectories of the rise of the Rashtriya Sway- amsevak Sangh (RSS) and the Bharatiya Janata Party (BJP). She also charts the repeating patterns of police and media complicity in fomenting anti-minority hate and critically analyses the contradictory role of the criminal law and the Constitu- tion of India in both enabling and resisting communal violence. In conclusion, she ofers hopeful strategies for keeping alive the promise of secularism. Keywords State impunity · Hindutva · Gujarat 2002 · Pogrom · Genocide 1 Introduction The cover of Teesta Setalvad’s memoir — Foot Soldier of the Constitution — features a photograph of her looking directly into the eyes of the reader.1 Her face is partly lit and lightly silhouetted, her eyes simultaneously conveying an invitation and a provocation. One might use words like determination, courage and fortitude to describe the expres- sion on her face — as the blurb on the back cover of the book does. -
Public Interest Litigation and Political Society in Post-Emergency India
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Columbia University Academic Commons Competing Populisms: Public Interest Litigation and Political Society in Post-Emergency India Anuj Bhuwania Submitted in partial fulfilment of the requirements for the degree of Doctor of Philosophy in the Graduate School of Arts and Sciences Columbia University 2013 © 2013 Anuj Bhuwania All rights reserved ABSTRACT Competing Populisms: Public Interest Litigation and Political Society in Post-Emergency India Anuj Bhuwania This dissertation studies the politics of ‘Public Interest Litigation’ (PIL) in contemporary India. PIL is a unique jurisdiction initiated by the Indian Supreme Court in the aftermath of the Emergency of 1975-1977. Why did the Court’s response to the crisis of the Emergency period have to take the form of PIL? I locate the history of PIL in India’s postcolonial predicament, arguing that a Constitutional framework that mandated a statist agenda of social transformation provided the conditions of possibility for PIL to emerge. The post-Emergency era was the heyday of a new form of everyday politics that Partha Chatterjee has called ‘political society’. I argue that PIL in its initial phase emerged as its judicial counterpart, and was even characterized as ‘judicial populism’. However, PIL in its 21 st century avatar has emerged as a bulwark against the operations of political society, often used as a powerful weapon against the same subaltern classes whose interests were so loudly championed by the initial cases of PIL. In the last decade, for instance, PIL has enabled the Indian appellate courts to function as a slum demolition machine, and a most effective one at that – even more successful than the Emergency regime. -
In the High Court of Judicature at Bombay Criminal Appellate Jurisdiction
1 of 63 ABA.314.2019.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL ANTICIPATORY BAIL APPLICATION NO.314 OF 2019 Anand T !"#$%d & Age () *ear,& Occ.Seni/+ P+/0 ,,/+ C1ai+& B.g Data Ana!*".-,& G/a Inst."#" /0 Manage$ent& R2/.G/a Inst."#"e /0 Manage$ent& Sanque!.$& G/a-403 505. A66!.cant 7 +,#, T1e S"at /0 Maharash"+a and /"1 +, R ,6/ndent, 8ITH INTERIM APPLICATION NO.1 OF 2019 IN CRIMINAL ANTICIPATORY BAIL APPLICATION NO.314 OF 2019 T1e S"at /0 Maharash"+a A66!.cant 7 +,#, Anand Ba6#+ao T !"#$%d R ,6/ndent M+.M.1.+ Desai& Seni/+ Ad7/cat & .2%* D 7*ani 9#!:a+ni 0/+ ap6!.cant .n ABA N/.24(1 /0 2019 and 0/+ R ,6/ndent .n I.A. N/.122019. S$".A+una S. Pa.& S6 -.al P#%!.c P+/, -#"/+ 0/+ S"a" 2R ,6/ndent. D+.S1.7aj. Pawar& ACP and Inv ,".gat.ng Of0.- +. CORAM = PRA9ASH D. NAI9& J. Date /0 R , +7.ng "1e Ord + = 1)"1 D - $% + 2019 Date /0 P+/nouncing "1e Ord + = 14"1 F %+ua+* 2020 PC = 1. T1., .s an ap6!.cat./n 0/+ ant.-.6at/+* %ai! #nd + S -"./n 43) /0 C/d /0 C+.$.nal P+/-ed#+ & 19)3 >`C+.P.C@A. T1 ap6!.cant ., ::: Uploaded on - 14/02/2020 ::: Downloaded on - 14/02/2020 15:20:15 ::: 2 of 63 ABA.314.2019.doc a66+ 1end.ng a++ ," .n -/nnect./n <."1 CR N/.4 /0 201) + '.," +ed <."1 B.,1+a$%agh P/!.- S"a"./n, Pune. -
Compounding Injustice: India
INDIA 350 Fifth Ave 34 th Floor New York, N.Y. 10118-3299 http://www.hrw.org (212) 290-4700 Vol. 15, No. 3 (C) – July 2003 Afsara, a Muslim woman in her forties, clutches a photo of family members killed in the February-March 2002 communal violence in Gujarat. Five of her close family members were murdered, including her daughter. Afsara’s two remaining children survived but suffered serious burn injuries. Afsara filed a complaint with the police but believes that the police released those that she identified, along with many others. Like thousands of others in Gujarat she has little faith in getting justice and has few resources with which to rebuild her life. ©2003 Smita Narula/Human Rights Watch COMPOUNDING INJUSTICE: THE GOVERNMENT’S FAILURE TO REDRESS MASSACRES IN GUJARAT 1630 Connecticut Ave, N.W., Suite 500 2nd Floor, 2-12 Pentonville Road 15 Rue Van Campenhout Washington, DC 20009 London N1 9HF, UK 1000 Brussels, Belgium TEL (202) 612-4321 TEL: (44 20) 7713 1995 TEL (32 2) 732-2009 FAX (202) 612-4333 FAX: (44 20) 7713 1800 FAX (32 2) 732-0471 E-mail: [email protected] E-mail: [email protected] E-mail: [email protected] July 2003 Vol. 15, No. 3 (C) COMPOUNDING INJUSTICE: The Government's Failure to Redress Massacres in Gujarat Table of Contents I. Summary............................................................................................................................................................. 4 Impunity for Attacks Against Muslims............................................................................................................... -
2018, Four Senior Most Judges of the Supreme Court, Namely Justice
Rebellion in the Supreme Court By N.T.Ravindranath, dated 12-03-2018 On January 12th, 2018, four senior most judges of the Supreme Court, namely justice Chelameshwar, Ranjan Gogoi, Joseph Kurian and Madan Lokur stunned the people of India by openly revolting against the Chief Justice of India and conducting a press conference in Delhi accusing CJI Deepak Mishra of selective allocation of important cases for hearing to junior judges in an improper and inappropriate manner. Allocation of cases to different benches is the sole prerogative of the Chief Justice of India. Many important cases have been allocated to junior judges in the past and there is nothing unusual or unfair about it. The four dissident judges claim that all judges are equals and that the chief justice is only the first among the equals. On the other hand, contradicting their own assertion, they refuse to treat their own junior judges as their equals. Thus, their allegations against the chief justice Deepak Mishra can be seen as baseless and without any merit. Hence, the open mutiny staged by the four rebel judges is highly condemnable. This episode has not cast any shadow of doubt on the reputation and credibility of CJI Deepak Mishra. On the contrary, it is the four rebel judges who now stand exposed as crooks by their open expression of frustration and anger over non-allocation of certain cases of their interest to them. Their open revolt has only helped to expose their undue interest in getting certain cases allocated to them for their own vested interests which has raised questions about the impartiality and credibility of the Supreme Court. -
Volume 1, Issue 1, April 2015, Hyderabad; Contribution: Rs 30/- RECONSTRUCTING EDUCATION for Emancipation
Volume 1, Issue 1, April 2015, Hyderabad; Contribution: Rs 30/- RECONSTRUCTING EDUCATION for Emancipation An organ in support of free and equitable education from KG to PG and in resistance to all forms of trade in education Quarterly publication of All India Forum for Right to Education (www.aifrte.in) Contents Editorial ...2 AISSY-2014 ...3 AGENDA Campaign against WTO-GATS ...6 Assault of Communalism ...8 Nothing Vedic in ‘Vedic Maths’ ...9 OPINION Caste, Campuses and Contradiction ...10 Jumping the Gun in Rajasthan ...11 PRESS-STATEMENTS Stop Victimising Teachers ...12 Release Prof. Saibaba ...13 Action Against DU Staff ...13 Roll-Back of FYUP ...14 Action Against AMU Teachers ...14 Attack on Students in Patna ...15 Mockery of Teachers’ Day ...15 Attack on Students in Jadavpur ...16 School Closure in Rajasthan ...17 PM’s Mythology of Science ...18 Attack on Students of SOL, DU ...18 IN REMEMBRANCE Sunil Bhai ...19 Com. Pansare ...21 Dabholkar is Done a Gandhi ...22 They Want to Stop Our Songs ...25 We Are All Mukto-Mana ...25 INTERNATIONAL Chilean Artist Destroys Students’ Debt Paper ...27 Editorial Board Executive Editor: Associate Editor: Vikas Gupta Members: Sarwat Ali, Surjit Thockchom & Lokesh Malti Prakash Madhu Prasad • Editorial Contact: [email protected] EDITORIAL movement and successful completion of the All India Shiksha have become super rich while the rest of the population is becoming SangharshThis is Yatra-2014the first issue(AISSY-2014). of the newsletter The Yatra aftercovered the more inspiring than poorerthat they day can by rakeday, andin huge their profits. conditions A small of life percentage are becoming of corporates more and four hundred districts across the country and carried the demand more fragile and insecure. -
Breathing Life Into the Constitution
Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering In India Arvind Narrain | Saumya Uma Alternative Law Forum Bengaluru Breathing Life into the Constitution Human Rights Lawyering in India Arvind Narrain | Saumya Uma Edition: January 2017 Published by: Alternative Law Forum 122/4 Infantry Road, Bengaluru - 560001. Karnataka, India. Design by: Vinay C About the Authors: Arvind Narrain is a founding member of the Alternative Law Forum in Bangalore, a collective of lawyers who work on a critical practise of law. He has worked on human rights issues including mass crimes, communal conflict, LGBT rights and human rights history. Saumya Uma has 22 years’ experience as a lawyer, law researcher, writer, campaigner, trainer and activist on gender, law and human rights. Cover page images copied from multiple news articles. All copyrights acknowledged. Any part of this publication may be reproduced, copied or transmitted as necessary. The authors only assert the right to be identified wtih the reproduced version. “I am not a religious person but the only sin I believe in is the sin of cynicism.” Parvez Imroz, Jammu and Kashmir Civil Society Coalition (JKCSS), on being told that nothing would change with respect to the human rights situation in Kashmir Dedication This book is dedicated to remembering the courageous work of human rights lawyers, Jalil Andrabi (1954-1996), Shahid Azmi (1977-2010), K. Balagopal (1952-2009), K.G. Kannabiran (1929-2010), Gobinda Mukhoty (1927-1995), T. Purushotham – (killed in 2000), Japa Lakshma Reddy (killed in 1992), P.A. -
Open Letter Against Sec 377 by Amartya Sen, Vikram Seth and Others, 2006
Open Letters Against Sec 377 These two open letters bring together the voices of many of the most eminent and respected Indians, collectively saying that on the grounds of fundamental human rights Section 377 of the Indian Penal Code, a British-era law that criminalizes same-sex love between adults, should be struck down immediately. The eminent signatories to these letters are asking our government, our courts, and the people of this country to join their voices against this archaic and oppressive law, and to put India in line with other progressive countries that are striving to realize the foundational goal of the Universal Declaration of Human Rights that “All persons are born free and equal in dignity and rights.” They have come together to defend the rights and freedom not just of sexual minorities in India but to uphold the dignity and vigour of Indian democracy itself. Navigating Through This Press Kit This kit contains, in order, i. A statement by Amartya Sen, Nobel Laureate ii. The text of the main Open Letter iii. The list of Signatories iv. Sexual minorities in India - Frequently Asked Questions and Clarifications v. A summary of laws concerning the rights and situation of sexual minorities globally vi. Contact Information for further information/interviews Strictly embargoed until 16th September 2006 Not for distribution or publication without prior permission of the main signatories. All legal rights reserved worldwide. 1 In Support Cambridge 20 August 2006 A Statement in Support of the Open Letter by Vikram Seth and Others I have read with much interest and agreement the open letter of Vikram Seth and others on the need to overturn section 377 of the Indian Penal Code. -
Ambedkarite Productions of Space
Article CASTE: A Global Journal on Social Exclusion Vol. 1, No. 2, pp. 31–50 brandeis.edu/j-caste October 2020 ISSN 2639-4928 DOI: 10.26812/caste.v1i2.199 Leisure, Festival, Revolution: Ambedkarite Productions of Space Thomas Crowley1 Abstract This article analyzes the town of Mahad in the state of Maharashtra, using it as a lens to examine protests and commemorations that are inseparable from Ambedkarite and Neo-Buddhist transformations of space. A key site of anti-caste struggle, Mahad witnessed two major protests led by Dr. B.R. Ambedkar in 1927: the claiming of water from Chavdar Tale, a tank located in a upper caste neighbourhood; and the burning of the Manusmriti. These events are commemorated every year with large-scale festivities. The article analyzes the ways that these protests and festivities have worked to produce a distinctly Ambedkarite space, one that is radically counterposed to hierarchical, Brahminical productions of space. Exploring the writings of Ambedkar and more recent Ambedkarite scholars, and putting these texts into dialogue with the spatial theories of Henri Lefebvre, the article contributes to a growing international literature on the spatiality of caste. The Navayana Buddhism pioneered by Ambedkar has been analyzed in terms of its ideology, its pragmatism, and its politics, but rarely in terms of its spatiality. Drawing on Lefebvre helps flesh out this spatial analysis while a serious engagement with neo-Buddhist practices helps to expand, critique and globalize some of Lefebvre’s key claims. Keywords Ambedkar, Lefebvre, Mahad, neo-Buddhism, festival, revolution Introduction The market town of Mahad sits on a small plateau in the foothills of the Sahyadri mountains in the western Indian state of Maharasthra. -
Political Science, Public Administration and Public Policy
Orient BlackSwan is one of India’s best known and most respected publishing houses. Incorporated in 1948, the consistent emphasis of our publishing programme has been on quality. We also selectively reprint and co-publish outstanding titles published abroad, for the Indian market. Orient BlackSwan is the exclusive distributor for books published by: Sangam Books Universities Press t bl en ac n k a m Permanent Black r e p Social Science Press Aurum Books (An imprint of Social Science Press) Tata Institute of Social Sciences Economic and Political Weekly RCS Publishers CONTENTS Forthcoming Titles .............................................................................................. iii Political Science, Public Administration and Public Policy .......................1 E-Books .............................................................................................................34 Author Index .......................................................................................................42 Title Index ...........................................................................................................44 Order Form.........................................................................................................47 Online catalogue For more information on our books visit our online catalogue at www.orientblackswan.com Information on new books You can write to us at [email protected] for updates on our monthly arrivals and events; also visit us at www.orientblackswan.com/ newarrivals.asp to keep -
Documentation Kerala
DDOOCCUUMMEENNTTAATTIIOONN KKEERRAALLAA An index to articles in journals/periodicals available in the Legislature Library Vol. 13 (2) April - June 2018 SECRETARIAT OF THE KERALA LEGISLATURE THIRUVANANTHAPURAM DOCUMENTATION KERALA An index to articles in journals/periodicals available in the Legislature Library Vol.13(2) April - June 2018 Compiled by G. Maryleela, Chief Librarian V. Lekha, Librarian Shynu Ray S, Deputy Librarian Denny.M.X, Assistant Librarian Grade II Type Setting Sindhu.B, Computer Assistant BapJw \nbak`m sse{_dnbn e`yamb {][m\s¸« B\pImenI {]kn²oIcW§fn h¶n-«pÅ teJ-\-§-fn \n¶pw kmamPnIÀ¡v {]tbmP\{]Zhpw ImenI {]m[m\yapÅXpambh sXc-sª-Sp¯v X¿m-dm-¡nb Hcp kqNnIbmWv ""tUm¡psatâj³ tIcf'' F¶ ss{Xamk {]kn²oIcWw. aebmf `mjbnepw Cw¥ojnepapÅ teJ\§fpsS kqNnI hnjbmSnØm\¯n c−v `mK§fmbn DÄs¸Sp¯nbn«p−v. Cw¥ojv A£camem {Ia¯n {]tXyI "hnjbkqNnI' aq¶mw `mK¯pw tNÀ¯n«p−v. \nbak`m kmamPnIÀ¡v hnhn[ hnjb§fn IqSp-X At\z-jWw \S-¯m³ Cu teJ\kqNnI klmbIcamIpsa¶v IcpXp¶p. Cu {]kn²oIcWs¯¡pdn¨pÅ kmamPnIcpsS A`n{]mb§fpw \nÀt±i§fpw kzm-KXw sN¿p¶p. hn.-sI. _m_p-{]-Imiv sk{I«dn tIcf \nbak`. CONTENTS Pages Malayalam Section 01-39 English Section 40-69 Index 70-94 PART I MALAYALAM Agriculture 5. CXv IÀj-I-cpsS kÀ¡mÀ. lcn-Zmkv sNÃ-¸³ am[y-aw, 21 sabv 2018, t]Pv 50þ52 1. tamUn `c-W¯n he-bp¶ kpNn-´n-Xhpw Bkq-{Xn-X-hp-amb \S-]-Sn- I-fn-eqsS CSXv kÀ¡m-cnsâ t\Xr-Xz-¯n IÀj-IÀ.