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"Dhanda, Amita"
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Decolonisation of legal knowledge
Contributed papers presented at the Critical Legal Studies Conference held in September 2007, at Hyderabad, India.
Book
Conversations between the proponents of the new paradigm of legal capacity
In a bid to promote consensus, this response article parses the subtle difference of meaning and emphasis that subsists between the various proponents of the new paradigm of legal capacity by closely reading four articles included in this issue of the Journal.
Journal Article
Mental health and human rights
Various creative strategies have evolved, such as: the setting up of self-help groups, including people with mental illness and their support networks; addressing issues of livelihood; promotion of life-skills education and parenting skills; and studying and using local healing traditions, including spiritual traditions.13 These methods, combined with the psychiatric care offered by the medical establishment, could make for a mental health policy that is holistic and consonant with human rights.
Journal Article
Decolonisation of Legal Knowledge
The premise of this book is that legal theory in general, and critical legal theory in particular, do not facilitate the identification of choices being made in the different facets of law -- whether in the enacting, interpreting, administering or theorising of law.
eBook
LEGAL CAPACITY IN THE DISABILITY RIGHTS CONVENTION: STRANGLEHOLD OF THE PAST OR LODESTAR FOR THE FUTURE?
The Convention on the Rights of Persons with Disabilities has created a dynamic process which will influence the implementation and interpretation of the Convention. Consequently, it is necessary to evaluate the text in a way that is informed by the process with which the Convention has been negotiated. Perhaps more than any other human rights treaty, the Disability Convention has demonstrated the falseness of the dichotomy between civil-political and social-economic rights. This chasm has to be closed on both ends. Just as some civil-political rights, such as the freedom of speech and expression, are meaningless without reasonable accommodation of the physical infrastructure; other social-economic rights, such as the right to health, become oppressive without informed consent and freedom of choice. The author believes that the forces that have fought for a forward looking formulation would struggle for its rightful interpretation and implementation. They would so fight because they are the wearers of the pinching shoe.
Journal Article
Legislating on Mental Health India to Achieve SDG3
This chapter examines whether the Mental Health Care Act of 2017, approved by the Indian Parliament, will help fulfil the country's commitment to sustainable development goals 3 (SDG3). SDG3 encompasses the right to health and wellbeing and acknowledges that the fulfilment of this goal would need to be evaluated both from the standpoint of the persons providing the service and the persons receiving it. The creation of infrastructure, the training of health personnel, the provision of services, and the availability of drugs and other therapies at an affordable cost, are all initiatives required for good health. The Act creates the framework for mental health care by laying down the principles which should guide the provision of mental health care and the entitlements of the persons accessing the system. Ensuring equality between physical and mental illness in the matter of services is emphasised zealously in the Act.
Book Chapter
The Power of One: The Law Teacher in the Academy
Planners of legal education have been continually required to engage with questions surrounding the objectives of such education. What should be the purpose informing legal education? Should it be designed to enable both the creation and the promotion of the social justice agenda of a polity, or should it take on the task of providing technocrats to the legal system? The two objectives are being presented in oppositional terms, primarily to highlight the way in which legal education planners have viewed them, whereby, even when the importance of both is acknowledged, one is privileged over the other.
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Book Chapter
