Social Justice in a New Paradigm

Title: Social Justice in a New Paradigm
Author: Saurabh Anand
ISBN: 978-93-86934-13-0
Category: Law/Political Science/Sociology
Language: English

About the Author:
Saurabh Anand is currently teaching Sociology and Social Work subjects at Gujarat National Law University. He is having the academic experience of more than 10 years. He is also the Director of GNLU Centre for Law and Society. He has been the faculty convener of Legal Services Committee for more than five years. He has completed his higher education from Department of Sociology, Panjab University, Chandigarh. He has published papers indifferent journals and books. He has attended more than twenty seminars and conferences. His areas of interests include Disability and Law; Gender Studies;Subaltern Studies and Sociology of Development.

About the Book:
Built around the theme ‘New Legal Paths for seeking Social Justice’, the 1st edition of the GNLU Essay Competition on Law and Society, organized under the able guidance of Prof. Upendra Baxi, Emeritus Professor of Law, University of Warwick, sought creative insights from students belonging to both law and non-law disciplines as to the adequacy of present-day laws in addressing problems they seek to alleviate. The theme connotes what Roscoe Pound had propounded nearly a century ago – law, among others, is a social mechanism meant to further the ends of society. Each sub-theme seeks to examine a contemporary law in light of its adequacy in fulfilling the noble ideals that it vouches to attain. The sub-theme ‘Freedom of Expression v. Religious Sensitivities: Are Blasphemy Laws the way out?’ seeks to examine the contemporary significance of blasphemy laws in averting religious violence.

Blasphemy laws, a British colonial legacy, are intended to shield religious sentiments from fanning violence amongst diverse religious groups in India. However, their applicability and usage has acquired a different tenor in a swiftly shifting context. The essays explore the possibility of their repeal as a permanent solution to the anachronistic anomaly they propose. ‘Reconsidering Socio-Economic Parameters for Defining Caste’treads on the delicate issue of reservation to examine its conduciveness in levelling the playground. Examining the grey area of creamy layer, keeping in view the inconsistencies in what reservations propose and achieve, it is often found to be perpetrating greater inequality in an unsuccessful attempt at ensuring equality. The fallacy in ignoring economic considerations while attempting to insert an equalizer in the socio-legal metric has been examined, analysed and criticized in the essays, in the light of ‘intelligible differentia’ as the touchstone of equality.

‘Securing Rights Conducive to Social Change: Third Gender Rights in India’ examines a case for recognition of third gender rights in India. The human tendency to oppress the deviant minority, and proof to the contrary is examined in context of ancient Hindu jurisprudence. A historical insight into Victorian modernity and colonialism as the genesis of the present taboo against the transgender community clears the air around the debate to a huge extent. ‘Escaping Persecution: National Register of Citizens as a Measure to Counter Illegal Immigration?’looks at the idea of a national register as key to resolve the problem of illegal immigration that has plagued Assam and other bordering states. Controversially reliant on electoral rolls which may have little long-term reliability, the immigration issue has been central to an intense political debate and agitation spanning decades. The case for a National Register weakens in light of the fact that these immigrants have been living on Indian soil for decades now, possibilities of their deportation are nil and these immigrants need to be legally protected against possible persecution.

Essays under this sub-theme examine the policy consequences of a National Register and its present status. ‘Era of Land Reforms: Balancing Industrial Development and Agricultural Interest’ looks at the necessity to ensure a balance between industrial development and farmers’ rights. The forcible acquisition of land and petty compensation has made land acquisition a dreaded subject amongst farmers in India. In the light of economic liberalisation, attempts are being made in India’s growing economy to lend support to industries. However, such support must not leave farmers helpless and deprived. The extent of fallacy and proposed solutions under land acquisition laws are the subject of examination under this sub-theme. ‘Challenging the Leviathan: Sedition Law in India’ looks into the detrimental modern-age repercussions of an archaic British sedition law that was intended to smother to quietness voices raised against the British Raj. The ever-increasing ambit of the fundamental freedom of speech and expression faces a challenge from sedition laws, and the friction born out of them has led to fiery debates and controversies. The modification or repeal of sedition laws to the extent of preserving freedom of speech and expression is the crucial subject of examination under this theme.

‘Death By Incarceration: A Limitation on the Term of Punishment’ expostulates upon the idea of meting out justice on both ends: to the victim and to the perpetrator. Incarceration for life as a means of punishment is still a silent reminder of the prevalence of the older punitive and retributive theories in the modern justice system. A limitation on the time span of imprisonment is reflective of the reformative theory of punishment and seeks to achieve more than can ever be attained through imprisonment of an individual till death.

‘Domestic Violence Laws: More Misuse Than Use’ examines the hazards of a legislation intending to protect the interests of a particular group going too far. Envisaged to provide teeth to women facing oppression at the hands of a patriarchal society, the legislation has become a tool for oppressing the husband and his relatives. The legislation has come to earn the reputation of being frequently misused. This sub-theme seeks solutions for a rebalancing of interests to prevent abuse of law. ‘Is the soft law vehicle of CSR sufficient for domestic corporates to discharge their responsibility towards the society?’examines India’s old tryst with Corporate Social Responsibility which became official when it became the first country to legally mandate spending and reporting CSR. The unique nature of CSR as it stems from Gandhian trusteeship to the ‘triple bottom line’ approach as means to a just and equitable social order, has to be duly examined in the light of its mandatory nature and a comparison with other jurisdictions impose similar requirements. The sub-theme seeks to inquire into discrepancies in the CSR mechanism and solutions for effectively countering them.

‘Should MNCs be held criminally responsible for human rights violations?’ explores the self-contradictory idea of identifying criminal liability by mens area in a multinational corporation so as to ensure accountability for human right violations. Identifying the extent to which liability can be vested in an MNC comes with its allied difficulties, which necessarily involves a balancing of interests between ensuring protection against human right violations and definitively placing liability.