LEADER 04006oam 2200493I 450 001 9910823215703321 005 20230126222507.0 010 $a1-351-78262-2 010 $a1-315-20164-X 010 $a1-351-78261-4 024 7 $a10.4324/9781315201641 035 $a(CKB)4340000000207355 035 $a(MiAaPQ)EBC5092136 035 $a(OCoLC)1004350595 035 $a(EXLCZ)994340000000207355 100 $a20180706h20182018 uy 0 101 0 $aeng 135 $aurcnu|||||||| 181 $2rdacontent 182 $2rdamedia 183 $2rdacarrier 200 10$aGender Justice and Proportionality in India $eComparative Perspectives /$fJuliette G. Duara 210 1$aLondon :$cRoutledge,$d[2018] 210 4$dİ2018 215 $a1 online resource (231 pages) $cillustrations, tables 225 1 $aRoutledge Advances in South Asian Studies 311 $a1-138-70669-8 320 $aIncludes bibliographical references at the end of each chapters and index. 327 $achapter 1 Introduction to Proportionality and Gender Equality -- chapter 2 Constitutional Courts in Context: India, Canada and South Africa -- chapter 3 Gender Equality Adjudication in Independent India: Judicial Discourse from Deference to Discord -- chapter 4 Proportionality Analysis: Theoretical Foundations -- chapter 5 Doctrinal Iterations of Proportionality Analysis in Canadian Gender Equality Jurisprudence -- chapter 6 Doctrinal Iterations of Proportionality Analysis in South African Gender Equality Jurisprudence -- chapter 7 Reprise and Implications: Defining the Attributes of an Indian Proportionality Analysis for Gender Equality and Beyond. 330 $a"For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine's interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies."--Provided by publisher. 410 0$aRoutledge advances in South Asian studies. 606 $aWomen$zIndia$xSocial conditions 606 $aWomen's rights$zIndia 607 $aIndia$2fast 615 0$aWomen$xSocial conditions. 615 0$aWomen's rights 676 $a305.420954 700 $aDuara$b Juliette Gregory$01698954 801 0$bFlBoTFG 801 1$bFlBoTFG 906 $aBOOK 912 $a9910823215703321 996 $aGender Justice and Proportionality in India$94080831 997 $aUNINA