Volume 3 Issue 4 The Human Rights Magazine November - December 2004
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Constitutional Challenges,Communal Hues and Reforms within Personal Laws
The debate around the diverse ‘personal laws’ and the enactment of a uniform family code reflects the tension between two Constitutional guarantees, that of equality and non-discrimination and of religious freedom and cultural plurality. While the mandate for enacting a UCC is a directive principle of state policy, equality and protection of minority culture are justiciable fundamental rights. It is within this scheme of seemingly conflicting Constitutional claims that one needs to examine the challenges to discriminatory personal laws.
Universality of Cultural Relativism
The international human rights discourse makes it abundantly clear that equality of women is one of the fundamental non negotiable human rights. Since it is considered that human rights are universal women’s equality should also be guaranteed universally. But are human rights universally applicable or do they vary depending on the culture, ethos and level of development of the society.
The Flip Flop
The Supreme Court and various High Courts have exhibited an extremely wavering attitude in testing the Constitutionality of personal laws.
Forced Change
The Supreme Court judgment in the Mary Roy case brings about a change though forced in patriachal succession law of the Syrian Christians in Kerala.
Marriage in Islam
The communal propaganda against the Muslim community and the vote-bank politics has kept the community fearful and averse to reforms, though the Quran preaches gender equality.
The womens’ mosque in Tamil Nadu is in the eye of a storm as it seeks to be the first all women’s mosque in a community where women are seen as a minority within a minority.
Interpreting Muslim Law
The article discusses judicial interpretation of Muslim law in the past decade, and analyses its impact on the rights of Muslim women in the community.
Compulsory Registration of Marriage in Goa - Has it meant anything?
there is an option available for the Catholic which is not available to the non –Catholics. So the family law in Goa is not all that uniform.
Other issues:
Judiciary & Polity
Price for Apathy
Tragedies from Bhopal to Kumbakonam show the urgent need for a Mass Tort Law. India, even after fifty years of lrgislative functioning has not been able to fill the dearth of a mass tor law.
Whistling in the Darkness
A Critical Appraisal of The Public Interest Disclosure (Protection Of Informers) Bill, 2002 & The Government Resolution for Protection of Whistleblowers,Supported by Empirical study.
Access to Justice - A Farce
Imagine believing that justice is something unreal and far from ones’ existence, imagine not knowing where to go when your rights are violated. The aforesaid is a reality for the majority of Indians.
Environment
India - Turning into a Junkyard?
Lack of specific legislations, lax monitoring of waste imports and limited awareness has made India the preferred international waste ground for the developed world to dump their “E-Waste”.
Making Industries Accountable
“Polluter Pays” Principle is in action against Hema Chemical Industries of Gujarat, but workers are still awaiting relief.
National Environment Policy 2004 – A Critique
The draft of the National Environment Policy (NEP) 2004 has been envisaged as a comprehensive policy aimed at environmental management of the country by reinventing the environmental management strategies and objectives in the context of current paradigm of sustainable development.
labour
Glimmer of Hope
Workmen affected by Silicosis, entitled to receive 100 per cent benefit for Permanent Total Disablement says the Gujarat High Court.
Communalism
Futile Reports?
On 28 January 1993 the government of Maharashtra constituted the Sri Krishna Commission to inquire the circumstances and events to immediate causes of the incidents which occurred in the Mumbai before and after 6 December 1992. But no action has been taken on this report
Sexual minorities
Rewriting the Fairy Tale
Us and them: Lesbian and Gay Rights at Home and Abroad