2 Jan|Fri|5PM|Sex Discrimination and the Constitution

ALF invites you to a talk on

Sex Discrimination and the Constitution by Gautam Bhatia on the 2nd January, Friday at 5 pm.

Article 15 of the Indian Constitution prohibits discrimination on the basis of a number of grounds, including sex. Over the last sixty years, the Courts’ engagement with the sex discrimination provision has been very ambivalent. Opinions couched in the language of progressive liberalism lie in an uneasy tension with others extolling the virtues of women as wives and mothers. In this discussion, Gautam will focus on two cases that exemplify the former strain of thought – A.N. Rajamma vs State of Kerala (1983, Kerala High Court) and Anuj Garg vs Hotel Association of India (2007 Supreme Court). Both these cases relied upon American Supreme Court jurisprudence, and grounded Article 15 in something called the “anti-stereotyping principle”. He will try to argue that a closer look at the anti-stereotyping principle reveals a deep linkage between sex discrimination law and the ideal of universal suffrage which, when applied to India, with a few crucial modification, provides us with a historically grounded, textually justified and progressively oriented jurisprudence of sex equality.

About the Speaker:
Gautam graduated from the National Law School of India University, Bangalore in 2011, where he is currently teaching a seminar course on Progressive Constitutional Interpretation. He previously spent two years at Oxford as a Rhodes Scholar studying legal philosophy and human rights followed by a year at Yale Law School studying constitutional law. He writes a regular blog on the Indian constitution, aimed at both specialists and lay readers.

Time: 5 pm

Date: Friday , 2nd January 2015

Venue: Alternative Law Forum, 122/4, Infantry Road, Bangalore

            (Next to Balaji Art Gallery)