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  Tools of Justice: Non-discrimination and the Indian Constitution
 

Tools Of Justice: Non-Discrimination And The Indian Constitution

by Kalpana Kannabiran

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  "In the years since independence, the Indian subcontinent has witnessed an alarming rise in violence against marginalized communities, with an increasing number of groups pushed to the margins of the democratic order. Against this background of  violence, injustice and the abuse of rights,  this book explores the critical, ‘insurgent’ possibilities of constitutionalism as a means of revitalizing  the concepts of non-discrimination and liberty, and of reimagining democratic citizenship.

The book argues that the breaking down of discrimination in constitutional interpretation and the narrowing of the field of liberty in  law  deepen discriminatory ideologies and practices. Instead, it offers an intersectional approach to jurisprudence as a means of enabling the law to address the problem of discrimination along multiple, intersecting axes. The argument is developed  in the context of the various grounds of discrimination mentioned in the constitution — caste, tribe, religious minorities, women, sexual minorities, and  disability. The study draws on a rich body of materials, including official reports, case law and historical records, and uses insights from social theory, anthropology, literary and historical studies and constitutional jurisprudence to offer a new reading of non-discrimination.
"
ISBN - 9780415523103
 


Pages : 520
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