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Any arrangement for the allocation of social positions and goods should ... proceed on the basic assumption that everyone has a right to equal concern and respect. Any arrangement that pays unequal respect or shows unequal concern towards any one violates the basic right of all.
-Mahendra P. Singh
The Festschrift is in honour of a renowned teacher and scholar, Professor Mahendra Pal Singh. For a man who has established himself as an acclaimed academician, the book contains a set of academic writings from learned authors and friends on the subject of societal inequalities and law. Further, the Festschrift contains memoirs from his students providing an insight into the down-to-earth and humane personality of this great man.
The subject of equality has been close to Professor Singh's heart and is one, among others, on which he has written extensively. The authors honour him and accordingly address issues like substantive equality; inequality faced by the poor, children and women; conflicts and clashes arising out of diverse religious beliefs; the role of the judiciary in society; the role of education in redressing inequalities; and the necessary conditions for the operation of principles of constitutionalism and respect for international law.
ABOUT THE EDITOR AND CONTRIBUTORS XIII
• LAW AND INEQUALITIES: AN OVERVIEW SwatiDeva XXV
• THE INJUSTICE OF INEQUALITY AND THE PRETENDING MIND Vijay K. Chhabra XXXI
PART I
Affirmative Action
1. THE IDEAL OF EQUALITY AND RESERVATION POLICY: A CRITICAL REVIEW 3
Parmanand Singh
2. THE STATE OF AFFIRMATIVE ACTION AMIDST PRIVATISATION: SOME CRITICAL REFLECTIONS 25
SuryaDeva
PART II
Special Facets of Inequality
3. EQUALITY AND THE CHILD 55
Archana Parashar
4. THE BATTLE AGAINST SEXUAL HARASSMENT: ARE WOMEN STILL THE BEAST OF BURDEN? 73
Charu Sharma
5. POVERTY, THE POOR AND EQUALITY 109
Professor B.B. Pande
PART III
Contentious Aspects of Religion
6. HISTORICAL AND THEORETICAL FOUNDATIONS OF THE RIGHTTO RELIGIOUS FREEDOM IN INDIA 131
O.K. Srivastava
7. OFFENCES AGAINST RELIGION IN PAKISTAN: A REVIEW 159
Dr Martin Lau
8. RELIGIOUS EQUALITY: THE GERMAN PERSPECTIVE AND EUROPEAN EXPERIENCES 187
Helmut Goerlich
PART IV
Changing Character of Judiciary
9. INDIAN CONSTITUTIONALISM AND THE PROVINCE OF JUDICIARY: UNRAVELLING THE EVOLVING CONUNDRUM 219
Parag P. Tripathi
10. APPOINTMENT OF JUDGES IN HIGHER JUDICIARY: THE NEED FOR INDEPENDENT AND REFLECTIVE JUDICIARY
231 Uday Shankar
PART V
Justice Through Education
11. THE RELATIONSHIP BETWEEN JUSTICE AND EDUCATION: EFFECTS ON THE CREATION OF HUMAN CAPITAL IN INDIA
259 Michael von Hauff
12. LEGAL EDUCATION, GLOBALISATION AND INSTITUTIONAL EXCELLENCE: CHALLENGES FOR THE RULE OF LAW AND ACCESS TO JUSTICE IN INDIA
C. RajKumar
PART VI
Role of Constitutionalism and International Law
13. CHIMERA OF CONSTITUTIONALISM: STATE, ECONOMY, AND SOCIETY IN AFRICA 313
Yash Ghai
14. EQUALITY, INTERNATIONAL JUSTICE AND THE LAW 333
Eberhard Schmidt-Assmann
PART VII
Some Student Memoirs
• PROFESSOR MAHENDRA P. SINGH AND THE PASSION FOR EQUALITY 345
AneesAhmed
• SIR: THE BEST MAN I KNOW 353
Kirtee Kapoor
• PROFESSOR M.P. SINGH: MY TEACHER, MY FRIEND 359
Sushma Sharma
SUBJECT INDEX
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