TAPSA: "Thinking about Rights in India: Life and/or Liberty"

This presentation deals with the centrality of the notion of right to life, derived from Article 21 of the Indian Constitution, in India's judicial and legislative discourse- the centrality of this proposition in thinking and doing things legally in India as evidenced by recent judgments from the triple talaq to the upholding of privacy as a fundamental right. This paper will try to explore two questions. Firstly, it will try to understand how right to life emerged as a thinkable proposition in Indian jurisprudence, how it emerged at a particular moment in post-emergency India. Secondly, it will try to understand how right to life has emerged as a more effective tool of legitimation in India and not liberty, given the fact that life and liberty are both protected under Article 21.

Presented by Sayantan Saha Roy, doctoral candidate in the Department of Anthropology

Thursday, February 1, 2018 - 5:00pm
Foster 103