The Following research paper deals with the Equality Interpretation in the Indian Constitution (including Constituent Assembly debates) with regard to Gender Justice and Feminism. By employing doctrinal research marked by chronological case analysis along with deductive type of reasoning it seeks to analyse the notion of Equality within the Indian Constitution and its interaction with feminist literature. It further analyses the interpretation of the courts with regard to Equality provisions within the Constitution and whether these interpretations advance Gender Justice. It finally deals with the Interaction of Indian scenario with CEDAW and enlists the findings that arise after all the aforementioned analysis.
The meaning of equality in law nearly everywhere descends in a direct line from Aristotle's dictum that equality means treating likes alike, unlikes unalike. This notion of Equality has been enshrined in nearly all constitutions in the world. 14th Amendment of the U.S Constitution provides the guarantee of Equality. The Equal Protection clause of the Fourteenth Amendment is one of the most litigated sections of the American Constitution. US Supreme Court has developed a three-tier analysis approach. Under this system, with a challenged classification, the government has to show that this classification serves a compelling state interest and that the legislation is necessary to serve the interest.
Inhaltsverzeichnis (Table of Contents)
- Objectives and Research Methodology
- Abstract
- Introduction
- Shift in the Notion of Equality I Analysing Affirmative Action
- Feminist Analysis of Constituent Assembly debates
- Kapur and Cossman on Equality in Indian constitutional jurisprudence
- Catharine MacKinnon on Constitutional Equality Interpretation
- Case Analysis of Gender Equality jurisprudence in India
- CEDAW and Indian Constitution
- Findings and Recommendations
- References
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research paper examines the concept of gender equality within the Indian Constitution, focusing on its historical development and contemporary applications. The paper explores the evolution of judicial thought on gender equality by analyzing key case laws and the perspectives of feminist legal scholars like Ratna Kapur, Catharine MacKinnon, and Brenda Cossman. It also investigates the influence of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) on Indian law.
- The interpretation of equality under the Indian Constitution
- The evolution of judicial approaches to gender equality
- The influence of feminist legal theory on Indian constitutional jurisprudence
- The impact of CEDAW on the advancement of gender equality in India
- The presence of patriarchal bias in Indian legal provisions
Zusammenfassung der Kapitel (Chapter Summaries)
- Objectives and Research Methodology: This section outlines the research questions guiding the paper and the methodological approach employed. The primary methodology is doctrinal, relying on an analysis of Constituent Assembly debates, case laws, feminist literature, and committee reports.
- Abstract: This section provides a concise overview of the research paper's objectives, methodology, and key findings. It highlights the focus on the interpretation of equality within the Indian Constitution in relation to gender justice and feminism.
- Introduction: This section provides a brief historical overview of the concept of equality in law, tracing it back to Aristotle's dictum of treating likes alike and unlikes unalike. It also introduces the constitutional provisions guaranteeing equality in the United States, South Africa, and India.
- Shift in the Notion of Equality I Analysing Affirmative Action: This section analyzes the evolving notion of equality, focusing on the concept of affirmative action. It discusses the challenges and complexities involved in promoting equality through affirmative action programs.
- Feminist Analysis of Constituent Assembly debates: This section examines the Constituent Assembly debates concerning gender equality. It analyzes the perspectives of feminist legal scholars and the extent to which they have shaped constitutional jurisprudence on gender equality.
- Kapur and Cossman on Equality in Indian constitutional jurisprudence: This section examines the perspectives of feminist legal scholars Ratna Kapur and Brenda Cossman on the concept of equality in Indian constitutional jurisprudence. It explores their insights into the limitations and possibilities of equality jurisprudence in advancing gender justice.
- Catharine MacKinnon on Constitutional Equality Interpretation: This section explores the theories of Catharine MacKinnon on constitutional equality interpretation. It examines her perspective on the role of law in perpetuating and challenging gender inequality.
- Case Analysis of Gender Equality jurisprudence in India: This section analyzes key case laws in India concerning gender equality. It examines how the Indian courts have interpreted and applied the constitutional provisions relating to gender equality.
Schlüsselwörter (Keywords)
The central keywords and focus topics of this research paper are gender equality, constitutional interpretation, Indian law, feminist jurisprudence, CEDAW, affirmative action, patriarchal bias, and judicial thought.
- Arbeit zitieren
- Anonym (Autor:in), 2018, Legal Reasoning in Equality Interpretation. An Analysis of the Indian Constitution, München, GRIN Verlag, https://www.grin.com/document/498562
