Rationale:Law has been an important site of struggle for the realisation of the rights of the marginalised groups and in making for a just and equitable social and political order. The Supreme Court of India developed a jurisprudence of social justice through “Public Interest Litigations” with the objective of realisation of the constituional goals of “Liberty, Equality and Justice” which are enshirned in our Preamble and Part IV of our Consitituion which were meant to be non jusiticiable soci-economic rights. The Indian Constitution laid the foundation of our national reconstruction by institutionalising the objectives of social equality as part of its basic structure. While the Constitiuton emerged as a liberatory document for some sections of the excluded, it also brought within the fold of the liberal capitalist nation state fold many indigeneous people destroying their cultural, economic and political order in a nation building exercise. Thus post independent India saw law emerge as an instrument of the demand for justice by the marginalised and excluded groups who have used the same to both critique the existing anamolies in the letter and spirit of law and use of law as an intrument to realise the vision of a just India with a plural polity. The development paradigm of the over the last two decades and the rise of the police state have led to exclusion of the people from their traditional rights and lack of state protection which has given rise to various democratic struggles of the people to reclaim and expand their rights. The last decade has seen a shrinking of the legal rights of the people and the courts have also assisted in the establishment of the hegemony of the neo-liberal paradigm through the rule of the law. Paradoxically there has also been a growing demand for democratic laws making the state accountable to the people, demanding transparency and demanding economic rights as an entitlement of citizenship and use of law as a counter hegemonic discourse and an instrument to bring about structural changes.

The focal objective of Dalit and Tribes Social Work is working with marginalised groups within the ideals of justice, equality and fraternity as enshrined in our constitution and working towards the creation of just egalitarian society. This course will help in developing awarness of both the hegemonic and counterhegemonic potential of law through the discourse arising out of the conflict between the liberal conception of individual civil and political rights and the socialist understanding of socio- economic and culutral group rights, the notion of 'law' itself and the limits and possibilities of law in the project of justice and equality

OBJECTIVES OF THE COURSE1. The course aims to look at diversities of law as a discipline and discourse from the

standpoint of peoples’ rights2. To study the specific areas of law and judicial discourse affecting the marginalised groups

such as minorities, peasants, women, workers, tribals or dalits within the broader paradigm of democratic rights and social justice.

3. To trace the historical development of changes in law and rights due to the struggles of the people to build a just and equitible social order.

COURSE CONTENTIntroduction to Law and Jurisprudence; History and development of modern Indian legal system; Constitution of India – History, Overview, Fundamental Rights, Directive Principles, Public Interest Litigation and judicial redress, Special provisions relating to marginalised groups, Local self governance especially Fifth and Sixth Schedules; Rule of Law; Some theories of Justice; Relation between law, justice and rights; Development of International law and the basic principles of international law; UN and the development of human rights jurisprudence; War on terror and its impact on Human Rights discourse; Critical Legal Theory; Democratic Rights and Civil Liberties in India; Some laws relating and affecting to marginalised groups; Innovative uses of law as a means of change; Uses and limitations of law for social change; Recent developments and the new challenges.

PEDAGOGYLecture, Class readings, discussions and presentations, workshop on reading and drafting legal documents.

ASSESSMENT Would include any two of the following : group and individual assignments such as essays/ reading judgments/ laws and/ or conducting fact findings on rights violations.