Whither Indian sex equality jurisprudence: doctrinal migration in a post-realist world
In this seminar presentation Dr Juliette Duara discusses India’s recent equality jurisprudence as examples of doctrinal migration/ transplantation, examining such questions as: What principles should govern judicial use of foreign doctrine? Under what circumstances is it likely that exogenous doctrine will be successfully incorporated into a jurisdiction’s stream of precedent? Specifically, what do these forays into foreign doctrine portend for India’s sex equality jurisprudence?
This seminar is co-sponsored by the South Asia Research Institute and ANU Gender Institute.
Enquiries: Thomas Dubois