Colour blindness: An account of disability rights and judicial compassion in Indian constitutional courts

Mandal, Saptarshi (2021) Colour blindness: An account of disability rights and judicial compassion in Indian constitutional courts. Jindal Global Law Review, 12 (2). pp. 247-262. ISSN 9752498

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Abstract

This article argues that judicial compassion is descriptively and analytically useful in thinking about the relationship between courts and disability rights in India. Against the tendency to dismiss judicial compassion as either opposed to the rule of law, or demeaning of the disabled, the article suggests, that we assess it more favourably, for two reasons. First, compassion, on some philosophical and legal theoretical accounts, improves the quality of legal reasoning. Second, compassion allows judges to address gaps in the statutory framework for disability rights. These interventions are executed through the category of colour blindness, which is both a metaphor for the law’s presumed dispassionate objectivity and an embodied state capable of evoking emotions in legal actors.

Item Type: Article
Keywords: Colour blindness | Disability metaphors | Disability rights | Judicial compassion | Judicial emotions
Subjects: Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 31 Dec 2021 06:36
Last Modified: 09 Apr 2022 07:32
Official URL: https://doi.org/10.1007/s41020-021-00157-2
URI: https://pure.jgu.edu.in/id/eprint/492

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