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Child Sexual Abuse Cases in India and Judicial Officers' Perceptions and Experiences of POCSO-related Special Training
In: Kumar, Shailesh (2022) 18(2) SOCIO-LEGAL REVIEW 264
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Thinking Beyond Penal Reform in India: Questioning the Logic of Colonial Punishments
In: in Michael J. Coyle and David Scott (eds.), The Routledge International Handbook of Penal Abolition, Routledge, 258-268, Taylor & Francis, London, 2021
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Shifting Epistemology of Juvenile Justice in India
In: Contexto internacional, Band 41, Heft 1, S. 113-140
ISSN: 1982-0240
Abstract The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined 'child' uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of 'female child.' Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women's safety, changed its landscape. This paper foregrounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state's poverty of understanding of children's rights. Mapping legislative, juridical and political dimensions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child governance framework, both for the countries in South Asia and the wider global South.
Shifting Epistemology of Juvenile Justice in India
Abstract The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined 'child' uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of 'female child.' Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women's safety, changed its landscape. This paper foregrounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state's poverty of understanding of children's rights. Mapping legislative, juridical and political dimensions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child governance framework, both for the countries in South Asia and the wider global South.
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Shifting epistemology of juvenile justice in India
The conception of juvenile justice has its ontological root in the internationalisation of childhood and construction of children as a distinct social class. The Euro-centric vision of children as rights-possessors that informed the United Nations Convention on the Rights of the Child (CRC) (1989) transformed the epistemology of juvenile justice. India ratified the CRC in 1992, and defined 'child' uniformly, irrespective of sex, unlike in the past, thereby challenging its gendered subjectivity of 'female child.' Such an emergence of a new modality of delivering juvenile justice that I see as the epistemic shift did not last long, and one gory incident, alongside mediatised demonisation of male children, and brewing social discontent on women's safety, changed its landscape. This paper fore- grounds an analysis of the role of gender in juvenile justice jurisprudence from the colonial period to the present time. Reflecting on the populist punitiveness at play, it talks about the Indian state's poverty of understanding of children's rights. Mapping legislative, juridical and political dimen- sions of the journey of the juvenile justice framework in India, the paper shows how construction of gendered notions of a particular group of male child offenders has resulted in the punitive turn of the juvenile justice system in India. It further unpacks the potentiality of repercussions of such punitiveness, and offers reasons as to why a retributive response by the state is a step backwards in reforming juvenile delinquents. Overall, it narrates the story of a political-systemic failure to deal with an important social issue, which may act as a lesson to be learnt with respect to the child gov- ernance framework, both for the countries in South Asia and the wider global South.
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Shifting Epistemology of Juvenile Justice in India
In: Contexto Internacional, vol. 41(1), Jan/Apr 2019, pp. 113-140
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Interpreting the Scales of Justice: Architecture, Symbolism and Semiotics of the Supreme Court of India
In: International Journal for the Semiotics of Law - Revue internationale de Sémiotique juridique, December 2017, Volume 30, Issue 4, pp 637-675
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Justice V. R. Krishna Iyer and Expansive Interpretation of Fundamental Rights
In: in Azim Khan and Deepak Kumar Srivastva (eds.), Human Rights, Constitutionalism, and Rule of Law: Contemporary Issues and Challenges (A Tribute to Late Justice Krishna Iyer), 81-97, Satyam Law International, New Delhi [ISBN: 9789382823551]
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Working paper
Plea Bargaining in India: An Economic Perspective
In: Army Institute of Law Journal, Vol IX
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Environmental Governance, Indian Constitutional Framework and the Dilemma of Public Trust Doctrine
In: Journal of the Campus Law Centre (JCLC) [University of Delhi], Vol. IV and V
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Breaking the Shackles: Sexuality, Freedom, and Judicial Recognition to Live-In Relationships
In: HNLU Journal of Law and Social Sciences, 2016
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The Constitution (73rd Amendment) Act, 1993 and the Status of Rural Local Governance in India in Last Two Decades
In: Rostrum Law Review, Vol 2 (2)
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SC's NEET Judgment has Five Messages for Anti-Reservationists in India
In: Live Law January 2022
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