Browsing by Subject "discrimination"

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Open Access
Judicial Approach towards Socio-Cultural Paradox on Entry of Women at Sabarimala
(University of North Bengal, 2022-03) Arora, Tarun
Justice is an attribute, in other words, a value addition to the dignity of life. Underscoring the vitality of this virtue of governance, the Constitution of India places it as the foremost goal of the polity. The juristic connotations indeed envision Constitution as a leveler lifting the veils from age old traditions of subjugation of women. Various provisions of the Constitution reflect gender neutrality as well as affirmative clauses of enabling nature equipping the State to take special legislative and executive measures for special classes or categories. Undoubtedly, the purpose of these clauses is to ensure a transformation not only of polity but also placing individual at the centre of a just societal order. Though little yet the significant impact of constitutional provisions on the lives of women can be witnessed on ground level. It cannot be ignored that the constitutional spirit is usually vulnerable to dynamic socio-cultural paradoxes owing their origin to political constructions and narratives. These paradoxes turn the situation into more aggravated form due to interface of law, administration, religion and politics in Post Truth World. Overflow of information in cosmetic democratic make over by the totalitarian or populist regimes with subtle ideologies block thought process in making the rational choices. In view of the above, the present paper highlights the role of judiciary being the final interpreter of the provisions of the Constitution to ensure constructive transformation. It elaborates the meaning, nature and scope of freedom to profess, practice and propagate the faith or religion and its inter-relationship with liberty to manage religious affairs in reference to gender inclusivity. The discussion revolves around the judgment of the Supreme Court of India in Sabarimala Matter, 2019 wherein the court attempted to find out the solution of the paradox prevailing in India from ages. Bodenheimer’s backward full forward push theory has been applied as a constitutional tool to filter out constitutional spirit from multi-polar assertion of truths- truth of social-cultural taboos viz a viz the truths of constitutionalism.
Open Access
Prevention of Stigmatisation of HIV/AIDS and The Role of Law
(University of North Bengal, 2020-03) Pradhan, Ashika
With a change in trends of society law too transforms itself with thechanging needs. Where law has an important significance in the development of the society, education also plays a vital role. Human Immunodeficiency Virus, Acquired Immunodeficiency Syndrome popularly known as HIV AIDS has been the most devastating disease humanity has ever faced. It has been a major health concern amongst every people in today’s time. Along with health constrain AIDS bring with them stereotypes, prejudices and unfair treatment. Despite enactment of laws for the prevention of discrimination amongst people with HIV, there has been steady increase in the cases of societal stigma and vices amongst HIV infected person. Thus, the only resort or mechanism in eradicating this grief is through the medium of education. Thus, the present paper aims at studying various national and international legal frameworks for the protection and rights of HIV AIDS victims and the need to educate common people as well as the person infected with HIV about their rights and given protection. As in most cases the reason for discrimination has always been lack of proper knowledge and awareness about given rights and protection.
Open Access
Trans - Rights Are Human Rights : An Evaluation of Law on the Protection of Transgender Rights in India
(University of North Bengal, 2022-03) Syiem, Angel H.; Kumar, Priya Ranjan
2014 is a year to be remembered in the history of India in terms of Transgender Rights, followed by its fruit in the year 2019. The Judiciary in recognizing the status of Transgender Persons in the country, identified them as the ‘third gender’ in the NALSA Judgment (2014). Following cue, the Indian Parliament passed The Transgender Persons (Protection of Rights) Act, 2019. At the international level too, the efforts of respecting, safeguarding, protecting and fulfilling the rights of Transgender has been witnessed constantly through strong recommendations and comments of the United Nations Charter and Treaty based bodies. The promulgation of the Act of 2019 in India was a celebrated event as many believed, that it marked an end to the age long marginalization and discrimination faced by the Transgender Community. A cursory glance at the legislation would give many, hopes in that regard. However, it was and is still met with opposition from the Transgender Activists leading to the struggle of the community to continue. What makes this legislation an issue of debate? It is questioned on the basis of the very definition of the term ‘Transgender’. It rejects some of the most important points of the NALSA guidelines. It is almost completely silent on civil and political rights and most importantly it lacks the voice of Trans-genders themselves for whom the law is made. This however does not mean that it is a failed legislation. It is certainly an effort worth appreciating as it opened doors for prohibition of discrimination and providing social welfare measures for the community. This paper, seeks to address some of the limitations and gaps of the legislation. In doing so, it also tries to understand the concept of trans-genders, the historical background in India, forms of discrimination faced by the community, international human rights laws provisions on their rights and the role of judiciary in promoting the rights of the community.