Human Rights, Justice and Constitutional Empowerment

Paperback | October 15, 2010

EditorC. Raj Kumar, D. Chockalingam

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With a prolegomenon by Justice V.R. Krishna Iyer, this new edition explores how approaches to social justice, governance, and criminal justice in India have been influenced and defined by concepts of human rights and the directive principles of state policy of the Indian Constitution throughthe agency of the Supreme Court. It also examines the extent of constitutional empowerment that has been achieved in India and the relevance of the experience of other countries in understanding the process of promoting constitutionalism in India. The nineteen essays by distinguished scholars dealwith, among other issues ,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 humanrights, and the impact of corruption on human rights.

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With a prolegomenon by Justice V.R. Krishna Iyer, this new edition explores how approaches to social justice, governance, and criminal justice in India have been influenced and defined by concepts of human rights and the directive principles of state policy of the Indian Constitution throughthe agency of the Supreme Court. It also exam...

C. Raj Kumar is Vice Chancellor of O.P. Jindal Global University and Dean of Jindal Global Law School, Haryana. K. Chockalingam is Professor, Tokiwa International Victimology Institute at Tokiwa University in Japan.

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Format:PaperbackDimensions:592 pagesPublished:October 15, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198068867

ISBN - 13:9780198068860

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Table of Contents

V.R. Krishna Iyer: ProlegomenonYash P. Ghai: ForewordAcknowledgementsV.R. Krishna Iyer: JusticeSoli J. Sorabjee: A Man of All SeasonsGranville Austin: Reflections on the Indian ConstitutionC. Raj Kumar: Introduction: Rights, Justice, and EmpowermentBL PART I: Constitutionalism, Human Rights, and Social Empowerment1. Upendra Baxi: The Promise and Peril of Transcendental Jurisprudence: Justice Krishna Iyer's Combat with the Production of Rightlessness in India2. Mahendra P. Singh: Constitutionalization and Realization of Human Rights in India3. Sudhir Krishnaswamy: Horizontal Application of Fundamental Rights and State Action in India4. Freedom of the Press and the Human Rights Discourse: Managing the Tensions5. Vikram Raghavan: Reflections on Free Speech and Broadcasting in India6. Parmananda Singh: Equality and Compensatory Discrimination: The Indian ExperiencePART II: Governance, Development, and Human Rights7. C. Raj Kumar: Corruption and its Impact on Human Rights and the Rule of Law: Governance Perspectives8. Arjun Sengupta: The Right to Development and its Implications for Governance Reform in India9. Balakrishnan Rajagopal: Judicial Governance and the Ideology of Human Rights: Reflections from a Social Movement Perspective10. Surya Deva: Globalization and its Impact on the Realization of Human Rights: Indian Perspective on a Global Canvas11. Arun Thiruvengadam: The Global Dialogue Among Courts: Social Rights Jurisprudence of the Supreme Court of India from a Comparative Perspective12. Charu Sharma: Human Rights and Environmental Wrongs: Integrating the Right to Environment and Developmental Justice in the Indian Constitution13. Venkat Iyer);: The Human Rights Movement: Time to Turn the Searchlight InwardsPART III. Criminal Justice, Victim Justice, and Women's Empowerment14. Smita Narula: Criminal Injustice: Impunity for Communal Violence in India15. B.B. Pande: Criminality of the Marginalized Sections or the Lumpen-Proletariat Criminality: Critical Perspectives16. N.R. Madhava Menon: Towards Making Criminal Justice Human Rights-Friendly: Policy Choices and institutional Strategies17. K. Chokalingam: Victimology and Victim Justice: Human Rights Perspectives18. Lutz Oette: India's International Obligations Towards Victims of Human Rights Violations: Implementation in Domestic Law and Practice19. D.K. Srivastava: Sexual Harassment and Violence against Women in India: Constitutional and Legal PerspectivesNotes on Contributors