Human Rights, Justice and Constitutional Empowerment

by Kumar, C. Raj; Chockalingam, D.

• ISBN13: 9780195686913
• ISBN10: 0195686918
• Format: Hardcover
• Copyright: 2007-03-22
• Publisher: Oxford University Press

Summary

This volume of nineteen essays, dedicated to Justice V.R. Krishna Iyer, explores how approaches to social justice, governance, and criminal justice have been influenced and defined by concepts of human rights and the directive principles of state policy of the Indian constitution through the agency of the Supreme Court. This unique collection covers a wide range of issues and includes writing by a distinguished list of scholars including Yash Ghai, Soli Sorabjee, Upen Baxi, Mahendra P. Singh, Arjun Sengupta, N. Ravi, and N.R. Madhava Menon. The topics covered in the various articles include judicial responses to human rights violations and their relevance in transforming Indian society, the role of human rights in the development of constitutionalism in India, the horizontal applications of human rights, the relationship between freedom of the press and human rights, and the impact of corruption on human rights.

Author Biography

C. Raj Kumar is an assistant professor and the Juris Programme leader at School of Law, City University of Hong Kong

Table of Contents

Foreword	p. x
Acknowledgements	p. xv
Justice V.R. Krishna Iyer: A Man for All Seasons	p. xvii
Reflections on the Indian Constitution	p. xxii
Introduction: Rights, Justice, and Empowerment	p. xxvii
Constitutionalism, Human Rights, and Social Empowerment
The Promise and Peril of Transcendental Jurisprudence: Justice Krishna Iyer's Combat with the Production of Rightlessness in India	p. 3
Constitutionalization and Realization of Human Rights in India	p. 26
Horizontal Application of Fundamental Rights and State Action in India	p. 47
Freedom of the Press and the Human Rights Discourse: Managing the Tensions	p. 74
Reflections on Free Speech and Broadcasting in India	p. 96
Equality and Compensatory Discrimination: The Indian Experience	p. 126
Governance, Development, and Human Rights
Corruption and its Impact on Human Rights and the Rule of Law: Governance Perspectives	p. 153
The Right to Development and its Implications for Governance Reform in India	p. 183
Judicial Governance and the Ideology of Human Rights: Reflections from a Social Movement Perspective	p. 200
Globalization and its Impact on the Realization of Human Rights: Indian Perspective on a Global Canvas	p. 237
The Global Dialogue Among Courts: Social Rights Jurisprudence of the Supreme Court of India from a Comparative Perspective	p. 264
Human Rights and Environmental Wrongs: Integrating the Right to Environment and Developmental Justice in the Indian Constitution	p. 310
The Human Rights Movement: Time to Turn the Searchlight Inwards	p. 335
Criminal Justice, Victim Justice, and Women's Empowerment
Criminal Injustice: Impunity for Communal Violence in India	p. 363
Criminality of the Marginalized Sections or the Lumpen-Proletariat Criminality: Critical Perspectives	p. 391
Towards Making Criminal Justice Human Rights-Friendly: Policy Choices and Institutional Strategies	p. 420
Victimology and Victim Justice: Human Rights Perspectives	p. 437
India's International Obligations Towards Victims of Human Rights Violations: Implementation in Domestic Law and Practice	p. 462
Sexual Harassment and Violence against Women in India: Constitutional and Legal Perspectives	p. 486
Notes on Contributors	p. 513
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