In India, judicial review is not a static phenomenon. It has ensured that the Constitution is the supreme law of the land, and in situations when a law impinges on the rights and the liberties of citizens, it can be pruned or made void. This is a collection of scholarly essays demonstrating the different facets of judicial review based on the vast area of comparative constitutional law. Importantly, it honours the body of work of Upendra Baxi, legal scholar and author, (...) whose contributions have shaped our understanding of legal jurisprudence and expanded the scope of social transformation in India. This volume recognizes his role as an Indian jurist. Various constitutional law experts come together to reflect on his expositions on the role of the apex court, judicial activism, accountability of judiciary, laws on surrogacy and adultery and so on. (shrink)

One way to improve ethical standards and competency of psychologists is by understanding how they respond to ethical dilemmas. This study asked psychologists to choose what they would do and what would be the worst thing to do in response to each of 20 vignettes describing an ethically difficult scenario. Participants were 95 registered psychologists practicing in an Australian state. Normative responses for “would” and “worst” responses were defined by a reference group of five psychologists experienced in professional ethics. The (...) results showed that, unlike some previous studies, years of experience, gender and qualification were not significant predictors of normative choices. Overall, psychologists were better at identifying normative would than worst responses to ethical dilemmas. This finding highlights the need to raise awareness of what constitutes “bad” practice in order to help psychologists avoid engaging in behaviors that lead to misconduct. In addition, those who engaged in peer supervision were more likely to perform better on choosing the normative responses, suggesting the importance of receiving feedback and reflecting on clinical work to maintain ethical and professional standards. (shrink)

This paper investigates the gendered and racialized discourse on Polycystic Ovary Syndrome in India. A complex metabolic, endocrinal and reproductive disorder, PCOS is one of the most common endocrinopathies in women of reproductive age today. Due to an unclear etiology, there is no single clinical definition for PCOS, contributing to a sense of confusion around the syndrome. India has one of the highest rates of PCOS in the world. Medical and social discourses on PCOS suggest the high rates are due (...) to the failures of Westernized lifestyle and diet in women from developing countries. Taking the example of India, I argue that the lack of a clear etiology creates a discursive vacuum and that PCOS in itself is not a gendered and racialized syndrome, but the discourse on it is. Through the figure of the “new Indian woman,” I address the socio-political anxieties of nationalism projected onto the female body and suggest that the discourse on PCOS in India is in reaction to a rising nationalist rhetoric. As a syndrome that presents through “masculine” symptoms, PCOS acts a unique entryway into the intersectional issues of gender, race, sexuality, class and national identities. An analysis of the Indian setting might shed light on PCOS discourses that are increasingly relevant globally. (shrink)

Our understanding of the decisions made under scenarios where both descriptive and experience-based information are available is very limited. Underweighting of small probabilities was observed in the gain domain when both description and experience were provided. The divergence observed from the prospect theory suggests a need for a separate or modified theory of decision making under risk. Recent studies suggest a possible role of probability weighting in the choice behaviour under risk. We investigated both gain and loss domains with and (...) without feedback for small and large probability conditions. We characterized the shape of the probability weighting function by a two-parameter functional form representing discriminability (concave-convex shape) and attractiveness (level of absolute weights relative to objective probability). We replicated four-fold pattern of risk attitude on non-WEIRD population. We find that feedback leads to underweighting of small probabilities and overweighting of large probabilities in the gain domain and overall underweighting of probabilities in the loss domain. We find that underweighting of small probabilities is driven by changes in discriminability and attractiveness components in the gain domain and changes in the attractiveness component in the loss domain. We have interpreted the results by proposing an updated belief-based account of decisions under uncertainty in which feedback, when available, influences the probability weighting mediating the choice behaviour. (shrink)

The use of a placebo arm in clinical trials is unethical if there is an active comparator that is acceptably safe and effective. We argue that reasonable evidence of effectiveness and safety of an inexpensive alternative to an expensive therapy is sufficient to require that the inexpensive therapy be included as a comparator when the expensive therapy is tested, and that use of an inactive placebo comparator only is not ethical. For example, studies of the expensive drug eplerenone for congestive (...) heart failure have not included a spironolactone arm, although there is reasonable evidence that spironolactone would be safe and effective, and spironolactone is inexpensive. The requirement to study inexpensive therapies is based on avoidance of unnecessary cost in medical care as an example of non-maleficence. Several ethical actors in the design, conduct, and publication of clinical trials and their results bear responsibility for the appropriate conduct of clinical trials. That responsibility includes protecting study subjects from being asked to participate in clinical trials that serve primarily to promote the use of new and expensive therapies. (shrink)

1. Manipur is a state in the Northeast region of India with a history of ongoing militarized social structure. ‘Northeast’ is a term used to label an entire region by the Indian state, which has a...

A growing body of research suggests that follower perceptions of ethical leadership are associated with beneficial follower outcomes. However, some empirical researchers have found contradictory results. In this study, we use social learning and social exchange theories to test the relationship between ethical leadership and follower work outcomes. Our results suggest that ethical leadership is related positively to numerous follower outcomes such as perceptions of leader interactional fairness and follower ethical behavior. Furthermore, we explore how ethical leadership relates to and (...) is different from other leadership styles such as transformational and transactional leadership. Results suggest that ethical leadership is positively associated with transformational leadership and the contingent reward dimension of transactional leadership. With respect to the moderators, our results show mixed evidence for publication bias. Finally, geographical locations of study samples moderated some of the relationships between ethical leadership and follower outcomes, and employee samples from public sector organizations showed stronger mean corrected correlations for ethical leadership–follower outcome relationships. (shrink)

In giving a historically specific account of the self in early twentieth-century India, this article poses questions about the historiography of nationalist thought within which the concept of the self has generally been embedded. It focuses on the ethical questions that moored nationalist thought and practice, and were premised on particular understandings of the self. The reappraisal of religion and the self in relation to contemporary evolutionary sociology is examined through the writings of a diverse set of radical nationalist intellectuals, (...) notably Shyamji Krishnavarma, Bal Gangadhar Tilak and Har Dayal, and this discussion contextualizes Mohandas Gandhi. Over three related sites of public propaganda, philosophical reinterpretation and individual self-reinvention, the essay charts a concern with the ethical as a form of critique of liberalism and liberal nationalism. While evolutionism and liberalism often had a mutually reinforcing relationship, the Indian critique of liberalism was concerned with the formation of a new moral language for a politics of the self. (shrink)

There is a paucity of treatment options for cognitively normal individuals with drug resistant genetic generalized epilepsy. Centromedian nucleus of the thalamus deep brain stimulation may be a viable treatment for GGE. Here, we present the case of a 27-year-old cognitively normal woman with drug resistant GGE, with childhood onset. Seizure semiology are absence seizures and generalized onset tonic clonic seizures. At baseline she had 4–8 GTC seizures per month and weekly absence seizures despite three antiseizure medications and vagus nerve (...) stimulation. A multidisciplinary committee recommended off-label use of CM DBS in this patient. Over 12-months of CM DBS she had two GTC seizure days, which were in the setting of medication withdrawal and illness, and no GTC seizures in the last 6 months. There was no significant change in the burden of absence seizures. Presently, just two studies clearly document CM DBS in cognitively normal individuals with GGE or idiopathic generalized epilepsy [in contrast to studies of cognitively impaired individuals with developmental and epileptic encephalopathies ]. Our results suggest that CM DBS can be an effective treatment for cognitively normal individuals with GGE and underscore the need for prospective studies of CM DBS. (shrink)

Contributed articles on the life, works and philosophy of Guru Nanak, 1469-1538, 1st Sikh guru.

Rights -- Justification in theory -- Justification in practice.

It has been argued that attention and awareness might oppose each other given that attending to an adapting stimulus weakens its afterimage. We argue instead that the type of attention guided by the spread of attention and the level of processing is critical and might result in differences in awareness using afterimages. Participants performed a central task with small, large, local or global letters and a blue square as an adapting stimulus in two experiments and indicated the onset and offset (...) of the afterimage. We found that increases in the spatial spread of attention resulted in the decrease of afterimage duration. In terms of levels of processing, global processing produced larger afterimage durations with stimuli controlled for spatial extent. The results suggest that focused or distributed attention produce different effects on awareness, possibly through their differential interactions with polarity dependent and independent processes involved in the formation of color afterimages. (shrink)

The current study has mapped the impact of changes in different climatic parameters on the productivity of major crops cultivated in India like cereal, pulses, and oilseed crops. The vulnerability of crops to different climatic conditions like exposure, sensitivity, and adaptive indicators along with its different components and agribusiness has been studied. The study uses data collected over the past six decades from 1960 to 2020. Analytical tools such as the Tobit regression model and Principal Component Analysis were used for (...) the investigation which has shown that among climatic parameters, an increase in temperature along with huge variations in rainfall and consistent increase in CO2 emissions have had a negative impact by reducing crop productivity, particularly cereals and oilseed. Among various factors, adaptive factors such as cropping intensity, agricultural machinery, and livestock density in combination with sensitivity factors such as average operational land holding size and productivity of cereals, and exposure indicators like Kharif temperature, heavy rainfall, and rate of change in maximum and minimum Rabi temperature have contributed significantly in increasing crop vulnerability. The agribusiness model needs to be more inclusive. It should pay attention to small and remote farmers, and provide them with inclusive finance that can facilitate the adoption of climate-smart financial innovations, serve the underserved segments, and help them reach the target of a sustainable and inclusive agribusiness model. Though the social, technological, and economic initiatives can enhance the adaptive capacity of farmers, political measures still have a major role to play in providing a healthy climate for agriculture in India through tailored adaptive approaches like the adoption of craft climate adaptation program, dilating the irrigation coverage and location-centric management options. Hence, multidisciplinary and holistic approaches are worth emphasizing for evaluating the future impacts of change in climate on Indian agriculture. (shrink)

The Bhagavad Gita's philosophical and political significance remains forever contemporary. In this volume a group of leading historians reflect on the significance of the Bhagavad Gita for political and ethical thinking in modern India and beyond. These essays contribute new perspectives to historical, contemporary and global political ideas. Violence and nonviolence, war, sacrifice, justice, fraternity and political community were constitutive of India's political modernity, and it was to these questions that Indian public figures turned their attention in the nineteenth and (...) twentieth centuries. Oriented towards the future, these commentaries and interpretations of a text that locates war as the central problem of human life have detached the Gita from antiquity and made it foundational for India's modernity. The book would be of interest to academic researchers as well as general readers interested in South Asian history, Indian philosophy and religion. (shrink)

Developing countries often rely on consumption taxes, because these are broad, easy to administer, and harder to evade. However, the taxation system becomes inherently regressive. To counter this problem of the regressive nature of consumption taxes, there is a temptation among policymakers to address equity concerns through a multiplicity of rates, making the consumption tax system complex. Here, complexity is considered the by-product, or companion, to pursuing goals of equity. Complex tax systems, however, pose a different problem relating to equity. (...) Assuming a minimum fixed cost of compliance imposed by a complex tax system, smaller firms and individuals face a much higher cost of compliance relative to larger firms and richer individuals. Oligarchic sectors dominated by a few large firms also find it easier to organize and lobby to get favorable rates compared to competitive sectors with small firms. Though complexity is considered a by-product of several equity-enhancing measures, the Indian experience with its Goods and Services Tax reform serves demonstrates the opposite, that there is a trade-off between equity and complexity. (shrink)

Corporate Social Responsibility (CSR) programs are increasingly popular corporate marketing strategies. This paper argues that CSR programs can fall along a continuum between two endpoints: Institutionalized programs and Promotional programs. This classification is based on an exploratory study examining the variance of four responses from the consumer stakeholder group toward these two categories of CSR. Institutionalized CSR programs are argued to be most effective at increasing customer loyalty, enhancing attitude toward the company, and decreasing consumer skepticism. Promotional CSR programs are (...) argued to be more effective at generating purchase intent. Ethical and managerial implications of these preliminary findings are discussed. (shrink)

Should a liberal constitution constrain the racially discriminatory actions of state as well as nonstate employers? This essay answers in the affirmative, arguing that once we take seriously the right to nondiscrimination on the basis of race in terms of employment, we realize that such a constitution must constrain the actions of both. In doing so, this essay draws from John Rawls’s four-stage sequence, a sequence that suggests one way philosophical principles translate into constitutional design. A Theory of Justice is (...) the go-to theory for a wide range of political issues from a perspective of liberal theory, but scholars have paid less attention to it and comparative constitutional law. I take up this neglected inquiry by focusing on the distinction between the horizontal and vertical effect of a right not to be discriminated against on the basis of race in matters of employment. My analysis draws from the United States Constitution and the Constitution of the Republic of South Africa. A vertical effect constrains state power: a right to nondiscrimination is violated only when a state or public body discriminates on the basis of race. A horizontal effect constrains nonstate actors: a private employer may violate rights by discriminating on the basis of race. I argue that, in line with the South African Constitution, Rawls importantly adopts a horizontal effect of the right not to be discriminated against on the basis of race by ensuring formal equality of opportunity. His theory of justice suggests that a liberal constitution ought to constrain the racially discriminatory actions of both state and nonstate employers. This, in turn, represents an important response to racism that occurs in the private sphere. (shrink)

Brands are widely regarded as a constellation of shared associations surrounding a company and its offerings. On the traditional view of brands, these associations are regarded as perceptions and attitudes in consumers’ minds in relation to a company. We argue that this traditional framing of brands faces an explanatory problem: the inability to satisfactorily explain why certain branding activism initiatives elicit the moralized reactive attitudes that are paradigmatic responses to wrongdoing. In this paper, we argue for a reframing of brands (...) that calls for viewing brands as a series of normatively binding expectations that are ethically akin to promises. Our promissory framing of brands avoids the explanatory problem, illuminates a number of ethical requirements on branding, and reconceptualizes the role of brand managers. (shrink)

The conventional interpretation of equality under the law singles out certain groups or classes for constitutional protection: women, racial minorities, and gays and lesbians. The United States Supreme Court calls these groups 'suspect classes'. Laws that discriminate against them are generally unconstitutional. While this is a familiar account of equal protection jurisprudence, this book argues that this approach suffers from hitherto unnoticed normative and political problems. The book elucidates a competing, extant interpretation of equal protection jurisprudence that avoids these problems. (...) The interpretation is not concerned with suspect classes but rather with the kinds of reasons that are already inadmissible as a matter of constitutional law. This alternative approach treats the equal protection clause like any other limit on governmental power, thus allowing the Court to invalidate equality-infringing laws and policies by focusing on their justification rather than the identity group they discriminate against. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...) creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

Central to the freedom of association is the freedom to exclude. In fact, American constitutional law permits associations to discriminate on otherwise prohibited grounds, a principle of expressive discrimination or what I call "expressive exclusion." However, we lack a complete normative defense of it. Too often, expressive exclusion is justifi ed as a simple case of religious accommodation, or a simple case of freedom of association or speech—justifi cations that are defi cient. I argue that expressive exclusion is essential in (...) creating genuine space for democratic dissent. It stands at the intersection of speech, association, and democracy. (shrink)

Kur’an’ın kendine has birbiriyle irtibatlı kelimeler dünyası bulunmakta-dır. Doğru bir Allah tasavvuru, Allah-âlem, Allah-kul, âlem-kul ilişkisinin nasıl olması gerektiği bu kelime dünyası tarafından anlatılmaktadır. Bu nok-tada Kur’an’da herhangi bir konu anlatılırken aralarında sıkı irtibat olan kelime grupları kullanılmıştır. Örneğin Allah Kur’ân’da kendisini, Rakîb, Alîm, Basîr, Habîr, Latîf vb. lafızlarla insanın idrakine yansıtmakta ve böylece doğru bir Allah Tasavvuru oluşmasını amaçlamaktadır. Bu çalışmada, öncelikle ra-ka-be /رقب kökünün etimolojisi üzerinde durulacaktır. Zira bir kelimenin dildeki asli anlamı ve türevleriyle beraber sonradan kazandığı anlamların (...) tespiti, ilgili kelimenin anlam sahasını keşfetme ile mümkündür. Akabinde bu kökün türevlerinden “Rakîb” kelimesi ile anlam ilişkisi olan ve Yüce Allah’ın Kur’ân’da kendisine nispet ettiği sıfatlarından, Alîm, Basîr, Habîr, Şehîd kelimeler tahlil edilecektir. Bu bağlamda doğrudan olmasa da dolaylı olarak Allah’ın görmesini ve gözetlemesini ifade eden kelimelere ve ilgili âyetlere yer verilecektir. Böylece ra-ka-be kökünün Kur’an siyakındaki anlam sahası ortaya konulmuş olacaktır. (shrink)

ABSTRACT Because of the irresolvable disagreement between the Federalists and Anti-Federalists, the U.S. Constitution both embodies value pluralism and has encouraged it ever since its adoption. Rather than ignoring the nation-centered, dynamic ideas of the Federalists or the state-centered, static ideas of the Anti-Federalists, the Constitution incorporated both views, giving rise to plentiful opportunities for interpretive disagreements that have not, however, stood in the way of the interpreters’ shared commitment to the document itself. In this respect, the Constitution and constitutional (...) law model the politics of pluralism. (shrink)

In a sex selective abortion, a woman aborts a fetus simply on account of the fetus’ sex. Her motivation or underlying reason for doing so may very well be sexist. She could be disposed to thinking that a female child is inferior to a male one. In a hate crime, an individual commits a crime on account of a victim’s sex, race, sexual orientation or the like. The individual may be sexist or racist in picking his victim. He or she (...) could be disposed to thinking that one race or sex is inferior to another. I argue that while a prohibition on sex selective abortions is anomalous in a liberal, criminal legal framework, hate crime legislation may not be. The former but not the latter constitutes a thought crime. I define a thought crime as one where an agent’s motivation is not just relevant but sufficient to take an act from the domain of the non-punishable to the domain of the punishable. Ignoring a woman’s sexist motivation in procuring an abortion suddenly renders her act of abortion legal. On the other hand, discounting an agent’s bias in committing a hate motivated assault or murder does not transform the act from a punishable one to a non-punishable one. Assaulting or murdering is already a crime. (shrink)

While living a life based on universal principles is well accepted by many, the reality of living acts as a great detriment to those who want to centre their lives on these timeless truths. Further, institutional mechanisms and work environments do not conform in general to such principle-centred living. The agents of the state, especially those in the police, have to work under tremendous obstacles and pressures from within and without, and often get a bad reputation, sometimes undeservingly. Moreover their (...) value systems may also degrade in these environments, a direction that requires to be altered by the ‘guardians of the law’. It is important to bring about alignment of values and ethical perceptions of state administrators with some universal laws. The Buddhist practice of vipassana mediation can play a significant role in such transformations, as is evident from the responses from Delhi Police personnel who underwent vipassana in one of their training programmes. Vipassana has made significant differences in the lives and perceptions of these trainees—both at the professional and personal level. This paper introduces these concepts and cites evidences from the feedback sheets of trainees to recommend worldwide adoption of such practices for those who occupy seats of power and responsibility. The feedback shows positive and very encouraging trends in all dimensions—work related, humanitarian, family and self—in other words, in professional, personal and deep inner lives. (shrink)

This essay responds to Donna J. Haraway's (2016) provocation to ‘stay with the trouble’ of learning to live well with nonhumans as kin, through practice-based approaches to learning to care for nonhuman others. The cases examine the promotion of care for trees through mobile game apps for forest conservation, and kinship relations with city farm animals in Kentish Town, London. The cases are analysed with a view to how they articulate care practices as a means of making kin. Two concepts (...) are proposed, ‘learning from’ and ‘facing’ the Other, which are thickened through discussions of how caring takes place in each case in relation to a particular category of nonhuman other: animated tree and urban farm animal. Thus while attendant to situations of care involving a specific nonhuman subject, the cases also broker thinking on learning from and facing (the) other kinds of trees and animals, and the interspecies dynamics of which they are a part. The intersectional implications of the practice sites and participants are elaborated, to complexify and affirm situated but also reflexive approaches to caring. In doing this, the authors attend to their own positionalities, seeking to diversify Western-based ecofeminist engagements with caring, while asking what their research can do for the nonhuman other. They formulate and apply a collaborative methodological approach to the case studies, developed through cultivating attentiveness to the nonhuman subject of research. The authors consider in particular how attentiveness to the nonhuman other can facilitate practices of knowing that further a non-anthropocentric and non-innocent ethic of caring. By further interconnecting situations of caring for nonhuman animals and plants, the authors advocate for practices of care that antagonise how species boundaries are drawn and explore the implications for learning to care for nonhumans as kin. (shrink)

The Indian philosophical schools divide the types of cognitions mainly as recollection and non-recollection. The set of non-recollections is termed as experiential cognitions ( anubhava ). Two issues about recollection and experience are discussed in this paper. One is defining recollection and distinguishing a recollection from similar types of cognitions. The second one is the validity of recollection. With regard to the validity of recollection, views of three philosophers namely Prabhākara, Gaṅgeśa and Udayana, are discussed and compared. All the three (...) consider recollection as not valid although the reasons put forth by them for such a consideration differs. While briefly analyzing these views, the paper shows that somehow the concept of validity is relevant only in case of experiential cognitions. In this process, the paper puts an effort to pin down a particular feature present in all the experiential cognitions that can account for the distinction of the experience from a recollection and can justify the invalidity of recollection. (shrink)