ABSTRACT

This volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond.

In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.

part |101 pages

Part I

chapter 1|34 pages

Civil liberties in the early constitution

The CrossRoads and Organiser cases

chapter 3|21 pages

Securing rights, protecting the nation?

National security and the Indian Supreme Court

chapter 4|22 pages

India’s parallel justice systems

Engaging with Lok Adalats, Gram Nyayalayas, Nari Adalats and Khap Panchayats through human rights

part |102 pages

Part II

chapter 6|27 pages

Gujarat 2002

Refracted memories, inadequate images

chapter 7|27 pages

Lesbian, gay, bisexual and transgender human rights in India

From Naz Foundation to Navtej Singh Johar and beyond

chapter 8|26 pages

Acid attacks in India

The case for state and corporate accountability for gender-based crimes

part |92 pages

Part III

chapter 9|23 pages

The right for rights

The lawful and the lawless in India

chapter 10|23 pages

India’s Forest Rights Act

Righting indigeneity, subverting property 1

chapter 11|19 pages

The human right to water

A testing ground for neoliberal policies

chapter 12|25 pages

Realising human rights obligations of the World Bank in India

A human rights critique of the World Bank Country Partnership Strategy for India (2013–2017)