Law and Inequality - Contemporary Perspectives

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.

EBC Reader Version: The above eBook is available only on the EBC Reader app, download the free application on iOS & Android phones/tablets or log onto EBC Reader Web version. Click above for more details.

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