“Bar Girls and Constitutionalism”, 27 January 2019
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 27 January 2019
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Analyzing the famous "Dance Bar" cases, Baxi explores how constitutionalism protects the "right to livelihood" of the marginalized and stigmatized. He critiques the state’s use of "public morality" to justify bans that push women into poverty and vulnerability. The article argues that "constitutional morality" must trump "popular prejudice." Baxi views these judgments as a victory for the "right to be different" and a rejection of the state's role as a "moral police." It highlights the judiciary's role in protecting the dignity of workers in the informal and often despised sectors of society. In India Legal.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository