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Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Undoing Historical Wrongs: Law And Indigeneity In India, Pooja Parmar
Osgoode Hall Law Journal
Beginning with a close look at a recent call by the Supreme Court of India to undo the historical injustices done to the "original inhabitants" of the country, this paper examines similar calls for justice made by Jaipal Singh Munda, the most vocal representative of Adivasis in the Constituent Assembly of India between December 1946 and January 1950, when both the possibilities and limitations of addressing past injustices were being written into the Constitution of India. While drawing attention to debates and disagreements over righting certain past wrongs that remain largely absent from historical accounts of the Constitution's drafting, this …
The Peculiar Circumstances Of Eminent Domain In India, Priya S. Gupta
The Peculiar Circumstances Of Eminent Domain In India, Priya S. Gupta
Osgoode Hall Law Journal
The question of a constitutional property regime governing eminent domain gave rise to nuanced and principled debates in the Constituent Assembly of India, which drafted the Indian Constitution between 1947 and 1950, and in subsequent Parliamentary meetings regarding constitutional amendments. However, these extensive deliberations resulted in a clause that only addressed the most superficial aspects of property rights in India. Similarly, the statutory frameworks that govern state acquisition of land, in particular The Land Acquisition Act, 1894, provide only another part of the puzzle. This paper starts earlier in history-at the inception of eminent domain in India-in order to put …
Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar
Spectacles Of Emancipation: Reading Rights Differently In India's Legal Discourse, Oishik Sircar
Osgoode Hall Law Journal
How does neo-liberalism change the way we understand rights, law, and justice? With postcolonial and post-liberalization India as its focal point, this article attempts to disrupt the linear, progressive equation that holds that more laws equals more rights equals more justice. This is an equation that has informed and been informed by fundamental rights jurisprudence and law reform, the enactment of legislation to guarantee socio-economic rights, and many of the strategies of social movement activism in contemporary India. This article argues that while these developments have indeed proliferated a public culture of rights, they have simultaneously been accompanied by the …
The Uncertain Promise Of Law: Lessons From Bhopal, Jamie Cassels
The Uncertain Promise Of Law: Lessons From Bhopal, Jamie Cassels
Osgoode Hall Law Journal
This paper describes the course of the litigation following the Bhopal disaster. It begins with a brief description of the various failures in risk assessment and management that gave rise to the hazardous conditions in Bhopal, and then describes in more detail the resulting legal proceedings. Specifying a number of modest criteria against which the success of the litigation can be measured, the paper examines why traditional tort processes are unlikely to succeed in the case of mass hazards. The paper describes and analyzes a number of significant reforms forged by the Indian courts in response to the Bhopal disaster, …