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The Longest Constitution with Priya Mirza
U/A 13+ • News • Education • Society & Culture
What did those three hundred men and a handful of women who drafted our Constitution want India to be How far or close are we to achieving that radical vision of liberty, equality and freedom. These ideas sound great but what does it really mean to us, as we go about living our livesThis podcast is about people and the constitution. And that to achieve the Constitutional vision of freedom, equality and dignity, doesnt come without a fight. In each episode, we look at how the Constitution has transformed lives. This show is not about just leaders and prime ministers, but husbands and wives, feminists and forest dwellers, dissidents and lawyers. It has been up to Indians to fight, debate, argue and achieve these visions.And yet, we have a long way to go. The making of a nation is always a work in progress. Join the journey of the nation. This is one show everyone needs to listen to Every week, The Longest Constitution, gives a small peek into what the ideals and provisions of our constitution mean. From taxes to language, to food to sanitary napkins, to reservations to religious freedoms. This show looks at the machinery of the constitution and ‘we the people’.
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What is the Worth of Your Labour?
12 min 15 secWhat is the measure of a person’s labour And why is creativity valued more than physical labour This episode of The Longest Constitution wades into intellectual property rights and the sexual reproductive autonomy of women, to examine the making of the Copyright Act, 1957 and the beginnings of the commercial surrogacy industry in the early 2000s. We also look at how women’s domestic labour, invisible and unrecognized, was finally evaluated following pleas for compensation following accidents and deaths in road accidents, under the Motor Vehicles Act, 1988. Reading material: Reddy, Prashant, T. and Sumathi Chandrashekaran, 2017, Create, Copy, Disrupt: : Indias Intellectual Property Dilemmas, OUP: New Delhi. Kotiswaran, Prabha, 2021, “An Ode to Altruism: How Indian Courts Value Unpaid Domestic Work”, EPW, Vol. 56, Issue No. 36. https://timesofindia.indiatimes.com/india/babymanjiscasethrowsupneedforlawonsurrogacy/articleshow/3400842.cmsIf you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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A Woman on a Harley-Davidson
12 min 4 secWhat makes men hysterical The women’s reservation bill This episode of The Longest Constitution examines why women arent in Parliament, and how that would help. We also look at the issue of livelihood, which is often determined by everyone but those who lose their livelihood. We look at eggs, surrogacy and orchestra performers maybe in that order Randall, Vicky, “Legislative Gender Quotas and Indian Exceptionalism: The Travails of the Womens Reservation Bill”, Comparative Politics Vol. 39, No. 1, pp. 6382. Menon, Nivedita, “Elusive Woman: Feminism and Womens Reservation Bill”Economic and Political Weekly, 35, 43/44, 2000Bhatia, Gautam, “Direct and Indirect Discrimination: Conceptual Slippages in the Orchestra Bars Case”, https://indconlawphil.wordpress.com/2022/02/22/directandindirectdiscriminationconceptualslippagesintheorchestrabarscase/https://www.tribuneindia.com/1998/98jul14/head.htmLegal reading material:On eggs: https://indiankanoon.org/doc/447905/On surrogacy: The Surrogacy Regulation Act, 2021, https://egazette.nic.in/WriteReadData/2021/232118.pdfIf you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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The 'Immunity' of Parliament Members
12 min 46 secCan you use pepper spray on your colleague and get away with it No. But apparently, a Member of Parliament can…and did This season is about work and this episode of The Longest Constitution Podcast looks at the Members of Parliament MPs, how much they work, and how much Parliament members get paid for that. Plus, we look at how women’s labor is either invisible or regulated. We discuss the tensions over commercial surrogacy in India and what’s the problem with the glorification of motherhood. CRPF, Salaries, FIRs, Parliamentary Immunity, and more, all through the lens of the Indian constitutionReading material: Rajagopal case: https://economictimes.indiatimes.com/news/politicsandnation/andhrampsbringpeppersprayknifetoparliamentdisrupthouseovertelanganaissue/articleshow/30359880.cmsfrommdrhttps://indconlawphil.wordpress.com/2015/09/21/thedelhihighcourtonpregnancyandsexdiscrimination/Pregnancy as a ground for nonpromotion: https://indiankanoon.org/doc/170287517/https://www.thehindu.com/news/national//article60376346.ecehttps://prsindia.org/billtrack/thesalaryallowancesandpensionofmembersofparliamentamendmentordinance2020https://indiankanoon.org/doc/170287517/If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Menstruation and Disability at Work
11 min 57 secWhat does menstruation have to do with competence at work The answer is absolutely nothing Nonetheless, sexist and invasive policies at the workplace have meant that women and their bodies have been questioned, probed, and regulated, usually at the cost of their job. This episode of The Longest Constitution podcast unravels the biological category known as ‘woman’ and the contestations around menstruation, maternity, pregnancy, periods, employment, and childbirth. We also look at the push to make the PwD Act, 1995.https://www.thehindu.com/news/national/disabilityrightsisofftherails/article4469686.ecehttps://www.law.cornell.edu/womenandjustice/resource/neeramathurvlifeinsurancecorporationofindiaKannabiran, Kalpana, 2012, Tools of Justice: Nondiscrimination and the Indian Constitution, Routeledge: New Delhi. Menon, Nivedita, 2012, Seeing Like a Feminist, New Delhi: Penguin If you have missed out on The Longest Constitution Season 1, check here: https://shows.ivmpodcasts.com/show/thelongestconstitutionwithpriyamirzawr4eRPFbATJ096CoC6i2 You can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Where is Ambedkar's India? Republic Day Special
11 min 2 secWhat are we celebrating this Republic Day India Is it enough to celebrate the coming into effect of the Constitution 73 years ago while the spirit of the Constitution of India, which is an accountable government and a Parliament which actually discusses and deliberates, is in decline The pandemic has been a period where an assault on our fundamental rights to movement, speech, and privacy has become the new normal. This special episode of The Longest Constitution raises more questions than it answers, and unravels the new labour codes set to replace over 46 labour regulations and the intrusion of technology in our everyday lives. What would Dr. BR Ambedkar have thought of the democracy Reading material: https://www.newslaundry.com/2020/04/01/indiaisinacrisiswhyisnttheparliamentassemblingonlinehttps://internetshutdowns.in/https://scroll.in/article/975627/withshaheenbaghrulingsupremecourtgiftsstatemorepowerstocontroldemocraticdissenthttps://tclf.in/2021/11/26/gigeconomyalegalstruggleforinclusivity/::textA20positive20step20towards20the,The20Maternity20Benefit20Act2C20etc.https://scroll.in/article/973003/thepoliticalfixwithoutquestionhourwillparliamentsroleinthebjperashrinkevenfurtherhttps://thewire.in/labour/newlabourcodesafterrushingthemthroughparliamentwhyisthegovtdelayingimplementationIf you have missed out on The Longest Constitution Season 1, check here: https://shows.ivmpodcasts.com/show/thelongestconstitutionwithpriyamirzawr4eRPFbATJ096CoC6i2 You can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: IVM Podcasts, or any other podcast app.
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Caste and access to work
11 min 15 secIs discrimination visible Or just felt In this episode of The Longest Constitution, we look into the history of castebased discrimination and why our constitution is committed to overcoming that. And most importantly how from B.R. Ambedkar’s experiences to questions about the necessity for reservations, we look into how the constitution proposes to undo castebased discriminations and the journey towards that goal. Omvedt, Gail, Seeking Begumpura: The Social Vision of Anti caste Intellectuals Navayana, 2008Bhatia, Gautam, ‘Reservations, Equality, and the Constitution – I: Origins’, https://indconlawphil.wordpress.com/2014/01/19/reservationsequalityandtheconstitutioniorigins/ Biswas, A.K, “The making of the first SC and ST IAS officers” https://www.forwardpress.in/2016/06/themakingofthefirstscandstiasofficersE280A8/ If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Barred from Dancing?
11 min 19 secNot everyone. Just bar dancers. Singing and dancing are our fundamental rights to freedom guaranteed by the Constitution of India. And yet at various points, governments have regulated women singing and dancing. Even at the cost of women’s passions, professions and those dependent on them. Every dance is a performance and to make arbitrary moral distinctions is unreasonable. Public morality may be the state’s mandate but what we do with our private lives, is our business Tune in and find out more Want to read more on this Bhatia, Gautam, “A Constitutional Muddle: The Supreme Court’s Bar Dancers Judgment”, Available here: https://indconlawphil.wordpress.com/2019/01/22/aconstitutionalmuddlethesupremecourtsbardancersjudgment/ On the Usha Uthup case, see https://indiankanoon.org/doc/583552/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Untouchability at the workplace
9 min 42 secEquality of opportunity is just one dimension of access to work, but what about dignity at the workplace Article 17 of the Constitution of India states quite briefly: ‘Untouchability is abolished and its practice in any form is forbidden.’ And yet, untouchability was not defined because it was assumed that it is familiar to every citizen. It took another five years though to draft a law to penalize untouchability and its practice. How efficient is this law And how have courts interpreted castebased discrimination All this and more on this episode of The Longest Constitution. Legal provisions, laws, and cases: Article 17 of the Constitution of IndiaThe Protection of Civil Rights Act, 1955SC/ST Atrocities Act, 1989 N M Thomas vs State of Kerala, 1976Reading material: Shukla, Rakesh, ‘To Remove Caste Bias From the Judicial System, Judges Need to SelfCorrect’, Available at https://thewire.in/caste/castebiasjudicialsystem Bhatia, Gautam, ‘Reservations, Equality and the Constitution – III: State of Kerala v N.M. Thomas and the Transformation of Equality’, Available at: https://indconlawphil.wordpress.com/2014/02/01/reservationsequalityandtheconstitutioniiistateofkeralavnmthomasandthetransformationofequality/ If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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What’s obscene about obscenity?
10 min 25 secNobody can say for sure Though Section 292 of the IPC which defines obscenity is vague, it has been used against writers and artists like Ismat Chughtai to Saadat Hasan Manto, AIB and more recently, when Milind Soman ran naked on the beach. What is it all about And what did a man named Cockburn have to do with it Find out in this episode of The Longest Constitution Gautam Bhatia, ‘The Supreme Court discards the Hicklin test’, Available at: https://indconlawphil.wordpress.com/2014/02/07/obscenitythesupremecourtdiscardsthehicklintest/ Shruti Sundar Ray, ‘Explained: What is the measure of ‘obscenity’ in India’, https://indianexpress.com/article/explained/explainedmilindsomanobscenityinindia6998750/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Religious personal laws and the constitution?
11 min 13 secAmar Akbar Anthony Equal sons of India and their mother. But divided by the personal laws of this country. Religious personal laws shape citizens of India unequally. Quite the opposite of what the Constitution of India guarantees us. Our rights to marry, divorce, inheritance are shaped not by constitutional values of equality and liberty, but our religious ones, which far from being divine are inherently gender and caste unjust. In this episode of The Longest Constitution, listen to the story of the man who argued that making bigamy illegal for Hindus was not fair because his Muslim friends could have four wives. And what the court said and why it matters. As well as, whats unconstitutional about the criminalization of triple talaq. To find out more about personal laws, marriage and divorce, see the very readableFlavia Agnes, 2011, Law, Justice, and Gender: Family Law and Constitutional Provisions in India, New Delhi: Oxford University Press. On the long shadow of the Narasu Appa Mali judgment, see Krishnadas Rajagopal, “With Sabarimala verdict, ‘Ghost of Narasu’ is finally exorcised”, Available at: https://www.thehindu.com/news/national/justicechandrachudendstheunchallengedreignofabombayhcverdict/article25074175.ece You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Freedom of speech vs legislative privileges
12 min 34 secCan the speaker of a legislative assembly issue an arrest warrant Apparently yes And it did happen. A few times at least. In this episode of The Longest Constitution, we explore the excesses of parliamentary privileges and the unsavory consequences they can have. We also look at the start of constitutionally defined local bodies, with the passage of the 73rd and 74th amendments to the Constitution of India, which aims at the devolution of power through the creation of the Panchayati Raj System and local representative bodies. And finally, we take a look at the inbuilt sexism in the POSH, 2013 which penalizes a woman for filing a false complaint.Reading material:On legislative privileges:https://papers.ssrn.com/sol3/papers.cfmabstractid3096691On the POSH Act:https://poshatwork.com/delhihighcourtimposesars50000fineforfilingafalsesexualharassmentcomplaint/https://indiankanoon.org/doc/98792027/Local governance in India:https://prsindia.org/theprsblog/examiningurbanlocalgovernanceinindiathroughthecaseofbengaluruahttps://www.orfonline.org/research/theunfinishedbusinessofdecentralisedurbangovernanceinindia61201/https://www.thehindu.com/news/national/HaryanalawonminimumqualificationforpanchayatpollsvalidsaysSupremeCourt/article60274721.ece
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Regulating Your 'Spirit': Alcohol and Intoxicants
12 min 48 secWhat brought Gandhians and Muslims together in the Constituent Assembly Prohibition Really, why does our otherwise liberal Constitution have a provision on prohibition And on what grounds can the state regulate the private consumption of alcohol This episode of The Longest Constitution takes a look at the state’s regulation of the trade, sale, and consumption of Liquor, Bhaang, and more. We also look at the colonial roots of such regulations and round it up with a look at a case of sexual harassment at the workplace. Reading material: On prohibition: De, Rohit, 2018, A Peoples Constitution: The Everyday Life of Law in the Indian Republic, Princeton University Press. https://lawtimesjournal.in/stateofbombayandorsvsfnbalsara/ftn2https://indiankanoon.org/doc/1258563/On sexual harassment at the workplace: https://www.newslaundry.com/2018/11/03/metoomyjourneyforjusticeandthecostofdueprocessOn kendu leaves: https://indiankanoon.org/doc/1258563/https://www.downtoearth.org.in/news/forests/kenduleaves29odishavillageswincompleteautonomybutstillalongwaytogo78269If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Equal Pay For Equal Work?
12 min 44 secWho are the Baiga people And why were scheduled tribes like them granted protection in the Indian Constitution This episode of The Longest Constitution travels around three distinct kinds of work: the work of an MP, the rights of tribals and their livelihood and the constitutional provision for equal pay for equal work. We look at the PVR Narsimha the dismaying judgment which acquitted members of parliament from accepting a bribe in parliament and look at the gradual displacement of scheduled tribes from their forests. On the Baiga people: https://indianculture.gov.in/ebooks/baiga0This is Our Homeland: A Collection of Essays on the Betrayal of Adivasihttps://books.google.co.in/booksid9T3zYvKVF98CdqAdivasiMahasabhafounderpgPA84redirescyvonepageqffalseOn the bribery casehttps://indconlawphil.wordpress.com/2020/07/01/guestpostreconsideringpvnarasimharaovstatebriberyparliamentaryvotesandparliamentaryimmunity/https://indiankanoon.org/doc/45852197/On Randhir Singh and equal pay for equal work: https://indconlawphil.wordpress.com/2017/04/09/equalpayforequalworkstatuteandconstitution/https://indiankanoon.org/doc/1230349/If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Constitution and Gender Inequality at Work
11 min 51 secWhat’s India’s foreign service got to do with an officers marital status A lot, apparently If you are a woman. Laws, regulations and rules are often sexist. But our constitution guarantees us the right against discrimination. This episode of the Longest Constitution looks at gender discrimination in three different areas: diplomacy, aviation and the makeup industry. We look at how women have challenged these regulations using the rights guaranteed by the Constitution of India. https://indconlawphil.wordpress.com/2014/11/23/thesupremecourtsmakeupartistsdecisionanditsdiscontents/ https://fiftytwo.in/story/ambassador/ If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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The Right to Prostitute?
10 min 23 secIf you can make money with the application of your mind, why not your body Antiprostitution laws are a problem. In India, that is the Immoral Traffic Prevention Act, 1986. Not only because this law criminalizes sex workers and pimps, but not the men who visit sex workers. But also because our Constitution grants us the right to practice our trade. So how come, sex workers, cant work And how was this challenged in courtFor a general understanding of sex work in India, see Prabha Kotiswaran, 2011, Dangerous Sex, Invisible Labor: Sex Work and the Law in India, Princeton University Press. More interested in Husna Bai Have a look at Chapter 4, “The Case of the Honest Prostitute: Sex, Work, and Freedom in the Indian Constitution” in Rohit de, 2018, A Peoples Constitution: The Everyday Life of law in the Indian Republic, Harvard University Press. You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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S01 Ep. 01: Adultery Laws and the Constitution
11 min 8 secWhats the difference between an adulterer and an adulteress Nothing, other than their gender In India though until 2018, adultery laws treated men and women differently. And it took a PIL to strike this down. This episode looks at Section 497 of the Indian Penal Code IPC and why women were thought to be passive partners in adultery. The Longest Constitution takes a quick look at the sexism within Section 497 and why overhauling unfair laws is upto the citizens of this country. Section 497 IPCArticles 14, 15 and 21 of the Constitution of India https://indiankanoon.org/doc/921415/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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The Rights of the Disabled
10 min 37 secWhat does it take to work Sometimes a husband’s consent Work or jobs are not necessarily about competence and ability, but often about what is considered ‘normal’. And who and what is that anyway Exploring Article 41 of the Indian Constitution, this episode of The Longest Constitution unpacks the assumptions made about the ‘ablebodied’, looks into the history of disability and the movement of the rights of the disabled, which began by the organized blind in the 1970s. Reading material: Abidi, Javed, 2013, ‘Disability rights is off the rails’, Available at: https://www.thehindu.com/news/national/disabilityrightsisofftherails/article4469686.eceChander, Jagdish, 2011, Movement of the Organized Blind in India: From Passive Recipients of Services to Active Advocates of Their Rights, PhD Thesis, Syracuse University.Bhatnagar, Gaurav V. 2018, ‘Noted Disability Rights Activist Javed Abidi Dies of Heart Attack at 53’, Available at: https://thewire.in/rights/noteddisabilityrightsactivistjavedabididiesheartattack53Legal cases: Javed Abidi vs. Union of India, 1998, https://indiankanoon.org/doc/1962463/If you have missed out on The Longest Constitution Season 1, check here.You can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: IVM Podcasts, or any other podcast app.
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The Third Gender and Constitution of India
11 min 53 secWho decides your gender Your body or your mind Or the state This episode follows the NALSA judgment 2014 which recognized the third gender and more importantly affirmed the right to selfaffirm one’s gender. But what did the government do We track the success of Tiruchi Shiva’s bill to protect the rights of transgenders and the disappointment with the Transgender Persons Protection of Rights Act, 2019 and look at the road ahead. Parul Chandra, “Why Tiruchi Siva moved a Private Members Bill to ensure rights for transgender people”, https://scroll.in/article/723205/whytiruchisivamovedaprivatemembersbilltoensurerightsfortransgenderpeople Gautam Bhatia, “The Constitutional Challenge to the Transgender Act”, https://indconlawphil.wordpress.com/2020/01/31/theconstitutionalchallengetothetransgenderact/ Susan Ninan, “Love is a Human Right”, https://www.espn.in/olympics/story//id/32303155/indiasprinterduteechandtellscomingstory You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Let’s be explicit about explicit material
10 min 53 secWhat is pornography and what does our Constitution have to do with it The right to privacy and to receive information is a fundamental right as much as expressing ourselves. This episode of The Longest Constitution looks at how consuming pornography in the privacy of our homes, is constitutional, but sending sleazy messages to other people is not. Sonali Verma, ‘Route 67: How the IT Acts Section on Obscenity is Being Misused to Violate Digital Freedom’: https://thewire.in/gender/victoriancensorshipresearchfindssection67actgrosslymisused Vallishree Chandra Gayathri Ramachandran, ‘The Right to Pornography in India: An Analysis in Ligh of Individual Liberty and Public Morality’, Available at: http://docs.manupatra.in/newsline/articles/Upload/B5199E8CC07E4E05A37930FF49C77B0C.pdf You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Same sex love and the Constitution
10 min 54 secWhat’s wrong with samesex love Nothing Sexual minorities have the same right as everyone else to love, to marry, and live together with the privacy and dignity guaranteed to all citizens of this country. This episode of The Longest Constitution looks at Gandhi, samesex love, and why a few of our laws need to be changed to accommodate the LGBTQIA. And how we are all on our own journey to discover what swarajya means to us. Tarunabh Khaitan, “Reading Swaraj into Article 15” http://nujslawreview.org/2016/12/03/readingswarajintoarticle15anewdealforallminorities https://theprint.in/opinion/haveyounoticedhowbabaramdevwentsilentonsection377/112824/ https://issuu.com/orinamwebber/docs/samesexmarriageandotherqueerrelationshipsinindia https://lawsisto.com/legalnewsread/ODYzMg/AllahabadHighCourtorderspoliceprotectionforsamesexcoupleunderthreatduetosexualorientation You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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A constitution for children?
10 minDo children have rights The constitution of India grants equality to every ‘person’, and children are persons and have a right to a safe childhood, free of sexual predators. In this episode of The Longest Constitution listen in to what took so long to draft the first law to penalize child sexual abuse, why this law was made genderneutral and why just laws are not enough to prevent such crimes. Pinki Virani, Bitter Chocolate: Child Sexual Abuse In India, Penguin, 2000. https://indianexpress.com/article/opinion/columns/bombayhcjudgementchildsexualabusepocsoact7169159/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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What is a workplace?
10 min 33 secWho determines the truth The victim or the courts This episode of The Longest Constitution looks at the many ‘sites’ of work, from fields to offices and examines why and how the powerful must be restrained from abusing their position. We look at Bhanwari Devi’s march to justice which led to the framing of India’s first guidelines of sexual harassment at the workplace in 1997. We also look at the state’s obligations and commitments to social justice and how that could have multiple meanings. Reading material: Anand Teltumbde, 2011, The Persistence of Caste the Khairlanji Murders and India’s Hidden Apartheid, Zed Books. Radha Kumar, 1993, The history of doing: an illustrated account of movements for womens rights and feminism in India 18001990, Verso Books. Legal cases and laws: Balaji vs State of Mysore, 1962K.C. Vasanth Kumar vs State Of Karnataka, 1985Vishakha Guidelines against Sexual Harassment at the workplace, 1997, Available at: http://www.nitc.ac.in/app/webroot/img/upload/546896605.pdf If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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An important judgement on reservations- The Indra Sawhney Case
11 minIs the word affirmative action in the Constitution of India The Indra Sawhney judgement is important for not just the judgement itself but also the questions posed, which ran into ‘several hundreds of pages’. But what did the court say about the constitutionality of the reservations for the Other Backward Classes OBC’s And how does institutional prejudice work This episode of The Longest Constitution looks at not only the judgement but also the shocking case about a man who cleared the IAS while he was serving his sentence in jail. But thats not the bit which is shocking Reading material:Menon, Nivedita, 2012, Seeing like a feminist, Penguin. Deshpande, Ashwini, 2013, Affirmative Action in India Oxford India Short Introductions, OUP. Bhatnagar, Rakesh, “Supreme Court paves the way for rape convict to join IAS”, Available at: https://www.dnaindia.com/india/reportsupremecourtpavesthewayforrapeconvicttojoinias1413810 Case law: Indra Sawhney vs Union Of India 1992, https://indiankanoon.org/doc/1363234/ If you have missed out on The Longest Constitution Season 1, check here: https://shows.ivmpodcasts.com/show/thelongestconstitutionwithpriyamirzawr4eRPFbATJ096CoC6i2 You can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: IVM Podcasts, or any other podcast app.
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Domestic Violence and the Constitution
11 min 7 secBringing the Constitution home That’s been a difficult journey. Not the book, but the values and morality the constitution upholds. Are the great values of our constitution meant to be talked about by great men but not lived In this episode, we look at why the constitution is meant to transform every space including the home and redefining family. It has meant asking the question: does being ‘at home’ mean the same thing to everyone, men and women. This has meant recognizing controlling institutions like patriarchy and the many kinds of violence inflicted on women, within marital and natal homes. Article 14 and 21Protection of Women from Domestic Violence Act, 2005 1 https://indiankanoon.org/doc/191703/ 2 https://www.newindianexpress.com/nation/2021/feb/04/indianocountryforwomenhereswhatthenationalfamilyhealthsurveyreveals2259593.html Indira Jaising and Pinki Mathur Anurag, Conflict in the Shared Household: Domestic Violence and the Law in India, Oxford University Press: 2019. You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Entitlement and reservations at the workplace
11 min 17 secWhat happened when KPS Gill, a ‘supercop’ slapped an IAS officer’s derrière, or bottom For decades, sexual harassment was not seen as a crime and it took Rupen Bajaj Deol seventeen years of struggle to challenge this. But what did the court say And why has social justice for the Other Backward Classes OBC’s differed from state to state and why is this contentious This episode of The Longest Constitution tackles caste and gender hierarchy at the workplace. Reading material:Christophe Jaffrelot, 2003, Indias Silent Revolution: The Rise of the Lower Castes in North India, Columbia University Press. ‘Rupan Deol Bajaj talks about the sexual harassment case she won against KPS Gill’, Available at: https://scroll.in/video/839715/watchrupandeolbajajtalksaboutthesexualharassmentcaseshewonagainstkpsgill If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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The Mandal Commission
11 min 34 secIn 1990, scores of students set themselves on fire to protest against the implementation of the Mandal Commission by the VP Singh government. Why did they do that and what was at stake And why is caste often restricted to discussions on reservations This episode of The Longest Constitution doesnt just talk about reservations but looks at how it is a part of everyday life in India. Anand Teltumbde, 2010, The Persistence of Caste: The Khairlanji Murders India’s Hidden Apartheid: The Khairlanji Murders and India’s Hidden Apartheid, Zed Books. Christophe Jaffrelot, 2003, Indias Silent Revolution: The Rise of the Lower Castes in North India, Columbia University Press. Legal Material: The Scheduled Castes and the scheduled tribed Prevention of Atrocities Act, 1989, Available at: https://legislative.gov.in/sites/default/files/A1989332.pdfDisclaimer: This episode contains violent and disturbing stories. If youre lighthearted, we advise you to refer to the other episode of The Longest Constitution. If you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Javed Akhtar and The Copyright Law
12 min 25 secWhat do the Urdu lyricist Javed Akhtar and his speech in the parliament have to do with the Bombay Prevention of Begging Act, 1959 Nothing, really But on what grounds can a poet or writer claim ownership over her work. And why have beggars, surrogates, and sex workers been criminalized for decades, being denied the right to sing and dance in public spaces This episode of The Longest Constitution examines, through the lens of The Copyright Law, the kind of work which is ‘visible’ and that which is ‘invisible’ and the overwhelming burden of invisible work on women.Reading material: Reddy, Prashant, T. and Sumathi Chandrashekaran, 2017, “Akhtar Rescripts Copyright Law” in, Create, Copy, Disrupt: : Indias Intellectual Property Dilemmas, OUP: New Delhi.Kotiswaran, Prabha, 2021, “An Ode to Altruism: How Indian Courts Value Unpaid Domestic Work”, EPW, Vol. 56, Issue No. 36.Ghosh, Jayati, 2013, “Womens Work in India in the Early 21st Century”. Available at: http://www. sundarayya.org/sites/default/files/papers/jayati. pdfBhatia, Gautam, 2018, ‘Something of freedom is yet to come: The significance of the Delhi High Court’s decriminalization of beggary Available at:https://indconlawphil.wordpress.com/2018/08/10/somethingoffreedomisyettocomethesignificanceofthedelhihighcourtsdecriminalisationofbeggary/If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Pregnancy and Disability at Workplace
11 min 46 secIs colorblindness a disability And what happened when a colorblind bus driver sought relief under the People with Disabilities Act, 1995 And does a mother necessarily mean a biological mother How does the Indian constituion regulate Pregnancy and Maternity at work This episode of The Longest Constitution takes a look at how courts interpret laws, often getting it right and sometimes wrong. Tune in to listen to the story of the government school teacher with twins who applied for maternity leave, but was denied it on the grounds that she ‘already’ had two children. But what does the Maternity Benefits Act, 1961 say And what does mothering mean, legally Kannabiran, Kalpana, 2012, Tools of Justice: Nondiscrimination and the Indian Constitution, Routeledge: New Delhi. Menon, Nivedita, 2012, Seeing Like a Feminist, New Delhi: Penguin https://thewire.in/law/schasbacktrackedonitsrulingonlevelplayingfieldforvisuallyimpairedIf you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya Mirza You can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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A Woman's Right to Abortion?
12 min 12 secWho has the right to abortion of a fetus and who does not And how is that related to rights and even promotion at the workplace This episode of The Longest Constitution looks at women’s right to their bodies, over making choices about pregnancy, contraception, and motherhood. We look at how Article 21 of the Indian Constitution has been expanded to include reproductive sexual autonomy. And delve into the Medical Termination of Pregnancy Act, 1971 which regulates abortion in India, all about Finally, what happens if a disability is not recognised by Rights of Persons with Disabilities Act, 2016Reading material:https://feminisminindia.com/2019/07/30/whyreproductiverightsmustbetakenmoreseriouslyinindia/Chandra, Aparna, 2019, Securing Reproductive Justice in India: A Casebook, Center for Reproductive Rights Centre for Constitutional Law, Policy and Governance. https://indconlawphil.wordpress.com/2021/02/23/vikashkumarvupscanimportantjudgmentondisabilityandreasonableaccommodation/https://reproductiverights.org/sites/default/files/documents/ReproductiveRightsInIndianCourts.pdfIf you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Season 2 Trailer
2 min 29 secDo you work What is work anyway And does the constitution work for youIn the second season of The Longest Constitution, we are exploring everyday issues of work and rights around work, from maternity leave to casteist slur, disability and harassment at the workplace to defining what the workplace is. We are looking at people’s journeys, collective and individual to assert the fundamental right to a safe workplace. From manual scavenging to airhostesses, from Members of Parliament to butchers, we are unraveling the rights at the workplace, to what we can do and absolutely must not tolerate.This season is about finding out what it means to be fair. At the workplace. Not lovely. This podcast about the Constitution of India isnt about being lovely. It is asking difficult questions. To ourselves, partners, colleagues and boss. Tune in every Wednesday for a new episodeIf you have missed out on The Longest Constitution Season 1, check here: https://ivm.today/37rWNlY You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Forced to live together?
10 min 44 secWhats a judge doing telling a wife to go back home to her husband, even if she doesn’t want to Unfortunately, that’s what the law says. Under Section 9 of the Hindu Marriage Act, 1955 the restitution of conjugal rights allows one party to appeal to the court to ‘restore’ his or her conjugal acts. Unsurprisingly, more men have used it than women. This episode of the Longest Constitution is about the long and ongoing struggle to strike section 9 of the Hindu Marriage Act down. https://indianexpress.com/article/whois/whowasrukhmabairaut4949058/ Section 9, HMA Kavitha Rao, Lady Doctors: The Untold Stories of India’s First Women in Medicine, Westland: 2021.You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Women Vs Men: A Women's Day Special
12 min 26 secThroughout history, the biggest fights have been over the one thing which truly matters: property rights. In this Women’s Day Special we have a short look at the long history of how laws and the Indian Constituion on the property are biased against women, and how women have challenged these for their ownership rights. We start with how Mary Roy, Arundhati Roy’s mother took on an outdated succession law for the Syrian Christian community in India. And we broadly look at how religious personal laws create legal islands for men and women but that these affect women more adversely strippling away their rights, freedom and equality. The march to equality is on…tune in Reading material:Agnes, Flavia, 2011, Family Law Volume 1: Family Laws and Constitutional Claims, New Delhi: OUP. Menon, Nivedita, 2012, Seeing like a feminist, New Delhi: Penguin. https://www.indiatoday.in/magazine/nation/story/20101108keralasistermarygetsherland74461820101030Case laws:https://indiankanoon.org/doc/1651663/https://indiankanoon.org/doc/1684706/If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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Cow Slaughter and Livelihood?
12 min 34 secWhat does the fundamental right to livelihood and profession amount to This episode of The Longest Constitution looks at the delicate balance between the moral obligations of the state and the fundamental rights of its citizens, in this case a group of butchers, cow slaughter, and the question of livelihood. We also look at the wide definition of ‘work’ and the purpose of the Fifth Schedule in protecting the rights of the Scheduled Tribes and ponder upon the idea of a ‘workspace’.If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram:https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from. Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.On butchers:De, Rohit 2018 A Peoples Constitution: The Everyday Life of Law in the Indian Republic, Princeton: Princeton University Press. https://indiankanoon.org/doc/93885/https://www.egyankosh.ac.in/bitstream/123456789/42058/1/Unit2.pdfOn Nisha Priya Bhatia: https://www.scconline.com/blog/post/2020/04/25/centretopayrs1lakhcompensationforimproperhandlingofsexualharassmentallegationbyformerrawagentnishapriyabhatia/https://indconlawphil.wordpress.com/2020/05/18/guestpostnishapriyabhatiavsunionofindiaredefiningthescopeofsexualharassment/On Scheduled Tribes: Guha, Ramachandra 2013 Savaging the Civilized: Verrier Elwin, his tribals and India, New Delhi: Penguin. Sundar, Nandini 2016 The Scheduled Tribes and Their IndiaPolitics, Identities, Policies, and Work, New Delhi: Oxford University Press
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India Fighting Casteism: Ambedkar Jayanti Special
13 min 24 secB.R. Ambedkar. The man who did more than draft the Constitution of India. This special episode of The Longest Constitution looks at the pervasive and insidious nature of the caste system, and how millions of Indians struggle against its dehumanizing ways and fight for equality, across the world. We also look at how the right to convert, a fundamental right enshrined in the Indian Constitution has been watered down by the judiciary’s interpretation of our religious freedoms. And there’s a little bit about cricket too.On cricket: https://www.smh.com.au/world/asia/whynodalitcricketersinindia20180531p4zim6.htmlhttps://indianexpress.com/article/opinion/columns/reservationvinodkamblidalitsvarungrover6501257/https://www.firstpost.com/india/indiancricketsrefusaltoacknowledgecasteprivilegecannotmaskrealityofitspervasiveness8986071.htmlhttps://indianexpress.com/article/sports/cricket/southafricacricketquotadebateinblackandwhite6208846/On untouchability in India https://www.ncaer.org/newsdetails.phpnID91https://socy.umd.edu/sites/socy.umd.edu/files/pubs/Thorat20and20Joshi202019The20Continuning20Practice20of20Untouchability20in20India.pdfOn Indians and caste in the USA: https://en.wikipedia.org/wiki/UnitedStatesv.BhagatSinghThindhttps://www.thequint.com/usnrinews/whymakingcasteaprotectedcategoryintheusisanecessityreadmorehttps://thewire.in/caste/ciscocastediscriminationsiliconvalleydalitprejudiceIf you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
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What makes the Special Marriage Act so special?
10 min 45 secAnd who invites trolls to a wedding Nobody And yet the Special Marriage Act, India’s only civil marriage act adds to the pressure of a young couple marrying out of the bounds of their religion by inviting objections to their marriage, even before it takes place. In this episode of The Longest Constitution, looks into the unconstitutional violations of privacy, liberty and dignity under the Special Marriage Act, 1954 and how the recent Allahabad judgment is a step forward towards constitutional freedom. “30day notice period not mandatory under Special Marriage Act: Allahabad High Court”, https://indianexpress.com/article/india/30daynoticeperiodnotmandatoryunderspecialmarriageactallahabadhighcourt7145476/ “30day prior notice in Special Marriage Act is fair and reasonable, Centre tells Delhi HC”, https://scroll.in/latest/986478/30daypriornoticeinspecialmarriageactisfairandreasonablecentretellsdelhihc You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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What is a person?
11 min 8 secWhat does a person look like And what does our Constitution have to say about personhood and sexuality Personhood legally means a rightsbearing body. But not all bodies have rights unless the law recognizes them as persons. This episode of The Longest Constitution looks into the colonial criminalization and marginalization of the transgender community, and the journey to recognizing their fundamental rights, in the historic NALSA vs. Union of India judgment, 2004. https://www.ndtv.com/indianews/nolawwhichprohibitssexchangeoperationbombayhighcourtsaysinbidhanbaruacase481081 https://translaw.clpr.org.in/wpcontent/uploads/2018/09/Nalsa.pdf “5 Questions: Tiruchi Siva, man behind Rights of Transgender Persons Bill” https://indianexpress.com/article/india/indiaothers/5questionstiruchisivamanbehindrightsoftransgenderpersonsbill/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Is the word divorce in our Constitution?
11 min 4 secTill death do us partOr one could file for divorce But Indian laws of marriage and divorce make it easy to marry, but hard to divorce. Because to the state, the institution of marriage is more important than the people in it And thats why laws insist one must have a “ground” or a reason to want a divorce, such as cruelty, adultery and desertion, amongst others. That’s the “fault theory”. And yet, marital rape is still not one of those grounds.That goes against what the constitution of India guarantees us: of equality, liberty and the right to life. In this episode of The Longest Constitution, delve into why the divorce “fault theory” needs to go. To find out more about personal laws, marriage and divorce, see the very readableFlavia Agnes, 2011, Law, Justice, and Gender: Family Law and Constitutional Provisions in India, New Delhi: Oxford University Press. On the present status of marital rape, https://www.firstpost.com/india/whyitistimeforindiatojoin150countriesincriminalisingmaritalrape9876111.html You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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Season 1 Announcement
1 min 39 secWhat did those three hundred men and a handful of women who drafted our Constitution want India to be How far or close are we to achieving that radical vision of liberty, equality and freedom. These ideas sound great but what does it really mean to us, as we go about living our livesThis podcast is about people and the constitution. And that to achieve the Constitutional vision of freedom, equality and dignity, doesnt come without a fight. In each episode, we look at how the Constitution has transformed lives. This show is not about just leaders and prime ministers, but husbands and wives, feminists and forest dwellers, dissidents and lawyers. It has been up to Indians to fight, debate, argue and achieve these visions.And yet, we have a long way to go. The making of a nation is always a work in progress. Join the journey of the nation. This is one show everyone needs to listen to Every week, The Longest Constitution, gives a small peek into what the ideals and provisions of our constitution mean. From taxes to language, to food to sanitary napkins, to reservations to religious freedoms. This show looks at the machinery of the constitution and ‘we the people’.
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S01 Ep 02. How queer friendly is our constitution?
11 min 5 secThe answer is: quite not The word queer or sexual orientation does not exist in the constitution. Does that mean the constitution doesn’t see the queer And even though Section 377 of the IPC 1860, which criminalized sodomy convicted very few people, does it mean that sexual minorities should be discriminated against The Constitution grants everyone equality, queer or straight. And everywhere, at home or the streets. Listen in To the struggle for sexual autonomy and against moral policing in this episode of The Longest Constitution. Section 377 1 https://indiankanoon.org/doc/168671544/ 2 https://indconlawphil.wordpress.com/2018/09/10/guestpostnavtejjoharvunionofindiawhatremainsofsection377/ You can follow Priya on social media:Instagram: https://www.instagram.com/naik.priya/ Twitter: https://twitter.com/fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to this show and other awesome shows on the IVM Podcasts app on Android: https://ivm.today/android or iOS: https://ivm.today/ios, or any other podcast app.
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MPs and the Office of Profit
13 min 15 secOn what grounds can a MP be disqualified Quite a few In this episode of The Longest Constitution, we look into constitutional provisions on an MP or MLA’s accountability. The Jaya Bachchan case relates to the first ground of disqualification from the government office listed under Article 102 and that is, office of profit. Under the provisions of Article 102 1 and Article 191 1 of the Constitution, an MP or an MLA or an MLC is barred from holding any office of profit under the central or state government. We also look at whether a legislator’s privileges can be a ground to restrict a citizen’s fundamental right to expression guaranteed under Article 19 of the Constitution of India And finally, we examine peculiar qualifications from the number of children one has to defecate in the open attached as qualifications to contest in panchayat elections in quite a few states. Reading material: On office of profit and the Jaya Bachchan case https://thewire.in/law/thecuriouscaseofnoprofitinofficeofprofitMadhavan, MR, 2016, “Legislature: composition, qualifications, and disqualification”, in Choudhry, Sujit et al, The Oxford Handbook of the Indian Constitution, OUP: New Delhi. Qualifications to be a local representative https://lexforti.com/legalnews/personshavingmorethantwochildrendisqualifiedascandidatesinpanchayatelection/https://economictimes.indiatimes.com/news/economy/policy/scupholdstwochildnormforharyanasarpanchs/articleshow/102650.cmsfrommdrOn freedom of expression https://globalfreedomofexpression.columbia.edu/cases/msmsharmavkrishnasinha/https://indiankanoon.org/doc/1898063/If you have missed out on The Longest Constitution Season 1, check here: The Longest Constitution with Priya MirzaYou can follow Priya on social media:Instagram: https://www.instagram.com/thelongestconstitution/ Twitter: fundamentallyp Linkedin: https://www.linkedin.com/in/priyamirza73666310/ You can listen to The Longest Constitution podcast on IVM Podcasts Network, Spotify, YouTube Music, Gaana, or wherever you get your podcasts from.Find other awesome shows on the IVM Podcasts App on Android: https://ivm.today/android or iOS: IVM Podcasts, or on any other major podcast app.
Language
English
Genre
News, Education, Society & Culture, Government
Seasons
1
Author
IVM Podcasts
