My post on what it means to be a liberal in India elicited insightful responses on the limits of liberalism. Here, I bring to our attention, an article written by Mukul Kesavan in the Telegraph on May 31 here. (Thanks to Mr.Abi for the link) He handles the problem of liberal inconsistency – an issue of concern to some of us – in historical context, which should be of interest to all of us. He says in this crucial paragraph: “Being inconsistent in these matters is not always a dishonourable position, because liberal inconsistency has some warrant in the history of the republic. The Indian state’s policies were often less than even-handed because it needed to manage anxiety and vulnerability and difference. The decision not to extend the uniform civil code to Muslims, for example, was one of these inconsistencies. Many liberals criticized Nehru’s ‘failure’ to draw Muslims into the ambit of a uniform civil law, but equally there were many who sympathized with his decision because they agreed with his sense that the Fifties was a time when a Partition-torn Muslim community needed reassurance, not ‘robust’ reform. You can argue that the exemption of Muslims bought the young republic time to make its Muslim population feel at home. You can equally argue that it was a timorous and cowardly unwillingness to grasp the nettle which gave the Hindu right a stick to beat secular liberals with. In a country as diverse and complicatedly troubled as India, one size doesn’t always fit all. But those of us who cite our Republican history as precedent, who argue that circumstances alter cases, and believe that consistency is, sometimes, a poor guide to policy, must also accept that there will be times when our inconsistency will be exploited by our ideological enemies to attack people and institutions that we value.”
Summary: In Murti Devi & Anr. v Balkar Singh, the Jammu & Kashmir High Court denied maintenance to a woman in a live-in relationship after considering her male-partner’s conviction for...
Summary: This article analyses a recent High Court order quashing a rape complaint and imposing punitive directions against the complainant. It examines how the Court departs from settled limits on...
Summary: In this article, the author critically examines the recent advisory opinion of the International Court of Justice on state obligations concerning climate change, unpacking its doctrinal...
This blog examines whether ‘Shri Mata Vaishno Devi Institute of Medical Excellence’ qualifies as a minority institution under Article 30 in light of the Supreme Court’s AMU judgment. Applying the...
Summary: The persistent intrusion of work into personal time not only erodes an individual’s temporal boundaries, but also puts to test the inadequacies of the existing labour safeguards...
Summary: This article examines the discriminatory framework of the Maternity Benefit Act, 1961 which grants maternity leave to adoptive mothers only when the adopted child is below three months of...
The link to Mukul Kesavan’s article is here.
Could you please add this link in the post? Thanks!