Brahmanism and Politics of Production of Muslimophobia – I Bobby Kunhu This is the first of a two-part series of examples of the production of Muslimophobia in India and its hegemonic linkages. The second part is here. “It would not be impossible to prove with sufficient repetition and a psychological understanding of the people concerned …
Hathras Case and Dalit Representation in Courts
Rahul Kumar Gautam Atrocities against Dalits are not new in India. On 14 September 2020, a rape case happened with a Dalit girl in Hathras district, Uttar Pradesh. It was horrible and painful because the victim’s family said they remained alone, and the whole administration and Thakurs were on one side. The girl (victim), before …
EWS Verdict and its Future Consequences
Vinay Damodar and Rajesh Chandra Kumar A lot of opinions have already come to the public domain on the recent Supreme Court Judgement on reservation for the Economically Weaker Sections i.e. 103rd Constitutional Amendment. We have not focused deeply on EWS specifically in this article, but tried to look at some consequences of this verdict …
Judicial Subversion of Affirmative Action Jurisprudence
Bobby Kunhu “Constitutional morality is not a natural sentiment. It has to be cultivated. We must realise that our people have yet to learn it. Democracy in India is only a top-dressing on an Indian soil which is essentially undemocratic.” ~ Dr. B. R. Ambedkar, Annihilation of Caste The jurisprudence around reservations and affirmative action …
Contagion and Constitution – Pandemic and Preamble
Dr Jas Simran Singh Kehal The architect of our constitution felt that it is workable, flexible and strong enough to hold the country together both in peace and war time. If in recent times we have Covid-warriors and Covid war-rooms that means we are indeed at war. Let us analyze how our constitution has fared …
This is not another Nirbhaya
Harshali Nagrale India recorded an average of 87 rape cases every day in 2019 and 4,05,861 cases of crimes against women during the year – a rise of over seven per cent from 2018. Out of the total 32,033 reported rape cases in the year, 11 per cent were from the Dalit community (NCRB,2019). …
Crumbling Social Justice and the Need for Representative Higher Judiciary
Dr. Ayaz Ahmad and Dr. Yogesh Pratap Singh This article attempts to explain the discursive role of higher judiciary in shaping the constitutional discourse on reservation which finally culminated in the form of 103rd constitutional amendment for upper-caste quota. Such patent assault on constitutional goals of social justice through the Supreme Court and the …
The Bahujan have a common enemy: Kuffir
Kuffir (Transcript of his speech at the ‘Discussion on the Constitutionality and Progressiveness of the EWS Quota for the so-called Upper Castes and the Repercussions for the SC/ST/OBC/Pasmanda Representation‘ held on 25th of Feb, 2019 at the Mumbai Marathi Patrakar Sangh, Fort, Mumbai.) Thank you. Jai Bhim. I have listened to all the speakers. They …
Caste and Judiciary: Looking for Dalit and Adivasi Judges in Supreme Court of India
Adv C Ahamed Fayiz The role of the judiciary is to make decisions in accordance with the letter of the law. While the law formulates general regulations, legislations allow enough discretion to the judiciary to exercise their independent reasoning and provide justice to the unique factual circumstances in individual cases. It is in exercising …