Tag Archives: Constitution

Debates, Empire/ Imperialism, Government, Identities, Law, Movements, Politics, Violence/Conflict

‘constitutional’ Realities: Priya Thangarajah

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Guest post by PRIYA THANGARAJAH

The piece is unfinished, consciously so. The thought is unfinished and needs to be fleshed out and thus posting this, so that this important idea can be evolved collectively. It raises a range of questions and contributes to existing debates on constitutional law from a social change/human rights perspective. (consciously the words ‘constitution’ and ‘india’ are not capitalised. ) It contributes significantly to an understanding, not just of north east india but the realities of chattisgarh, jharkhand, bihar, kashmir to name a few. It helps us understand all the wars fought within the country – ‘constitutionally’ about which much is being said in the media and elsewhere by state and non-state actors.

The constitution, some argue, is an aspirational document. Baxi states that it is created to protect the rights of the impoverished. Created to protect the weaker sections of society and that’s how the Dworkinian trumping of rights works. Rights of the weaker parties always trumps that of the stronger. But whatever the aim of the constitution maybe, its sacrosanct. Sacred. Amendments can be made with great difficulty but the constitution per se cannot be done away with for a new one. Continue reading ‘constitutional’ Realities: Priya Thangarajah →

Culture, Law

Striving for Magic in the City of Words

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By LAWRENCE LIANG and SIDDHARTH NARRAIN

(Published as Magic in the ‘City of Words’ in the August 2009 issue of Himal)

After agitating for many years against the existence of Section 377 of the Indian Penal Code, which criminalised homosexuality, it is understandable that the Delhi High Court’s 2 July decision in the Naz Foundation case, decriminalising homosexuality, has been welcomed and celebrated by the LGBT (lesbian, gay, bisexual and transgender) community. But to see this decision as a victory of the LGBT community alone would be to do injustice to the Delhi High Court’s remarkably progressive and well-reasoned decision, and the immense potential this judgement has for changing the course of equality jurisprudence in India. It would also display a very narrow understanding of the relationship between constitutional change and social movements striving for a more just and democratic society. Continue reading Striving for Magic in the City of Words →

Debates, Government, Identities, Language, Left watch, Politics, Violence/Conflict

Jayampathy Wickramaratne on Political Solution in Sri Lanka

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I am posting a longer version of an interview with Jayampathy Wickramaratne.  The February 2009 issue of Himal Southasian, a special issue on Sri Lanka, has a shorter version of this interview.  At a time when there is much concern about the ongoing humanitarian catastrophe there have also been increasing voices calling for a political solution.  On the history of displacement and humanitarian concerns with the twenty-fire year war in Sri Lanka, I recommend Rajan Hoole’s article in Himal.  This interview with Jayampathy Wickramaratne might engage those interested in past attempts at a political solution as well as the problems with the 13th Amendment (which came out of the Indo-Lanka Accord of 1987 and is currently being talked about both in Sri Lanka and India).

Ahilan Kadirgamar talked to Jayampathy Wickramaratne, who is President’s Counsel, a constitutional lawyer, a former senior advisor for the Ministry of Constitutional Affairs, and a member of the team that drafted the 2000 Constitution Bill.  Wickramartane was a member of the panel of experts to assist the All Party Representative Committee and signatory to the “Majority Report” (December 2006) that proposed extensive restructuring of the state, with extensive devolution and power sharing at the centre.   Wickramaratne is a politburo member of the Lanka Sama Samaja Party. Continue reading Jayampathy Wickramaratne on Political Solution in Sri Lanka →