To follow the legacy of Dr. B.R. Ambedkar, a RUSA Sponsored One-Day Facutly Development Programme on “Dr. B.R. Ambedkar, Indian Constitution and Indian Society” organised by the Department of Philosophy and P.G. Department of Public Administation held on 20th January, 2016 was a creative and fruitful effort to bring together the scholars and academicians from several disciplines to participate in the deliberations related to the conceptual understanding and insights of the philosophy of Dr. B.R. Ambedkar.

'ā no bhadrāḥ kratavo yantu viśvato ' Let good thoughts come from all around; inspired by this timeless epic of Rigveda. India has presented an excellent model of Multiculturalism to the world. The multiculturalist model of the West, as established by contemporary thinkers like Wilkymalika, is based on the separate political existence of different cultural classes. been made for thousands of years. India has maintained Multiculturalism not only at the socio-cultural level but also at the political level. Through federal structure, (...) universal suffrage, constitutionally guaranteed civil rights, with other constitutional institutions and provisions, multiculturalism is being addressed at the political level for a population of 13 million people .Thus in India , multiculturalism is not only is not only a political tool for diversity but also a socio-political concept. Therefore, Indian multiculturalism presents a comprehensive, effective, and more sustainable model which have to be discussed. (shrink)

My purpose in this paper is to challenge the continued exclusion of Indian philosophies from the Western philosophical canon on the supposed basis that such philosophies are really religion, mysticism, and mythology. I argue that many schools of Indian philosophy, such as Advaita Vedānta, resist and problematize historically particular Euro-Western conceptions of both philosophy and religion, and the conceptual borders between them, where philosophy is understood as grounded in various substantive notions of reason and rationality, defined as a (...) purely theoretical enterprise. In addition, I question the predominant tendency to see philosophy as opposed to “religion”, which is often presumed to rest on faith in a Judeo-Christian conception of God: The singular and wholly other, creator of all souls, ex nihilo, the ultimate judge of humankind, where salvation is granted in proportion to the intrinsic value of faith. I suggest that Advaita challenges these prevailing conceptions. A part of my larger purpose is to dislodge the view that the Euro-Western philosophical enterprise constitutes the universal, neutral, and objective standard from which all other approaches to philosophy are to be judged as legitimate. My hope is to lay some of the groundwork required to re-think dominant historical and conceptual categories from a broader global perspective, with the aim of developing a deeper and more plural understanding of the diverse nature of both philosophical and religious inquiry. (shrink)

Religion is a deriving force for social change in India since ancient times. Although we boast about ancient Indian ideals of social stratification, which made a long lasting discrimination within society, and most of the times we do not do any justice to social-political life of a billion peoples. The study of the relation between religion and politics showed that this relation always made a problematic situation for the indigenous people and always benefitted invaders. The idea of the interface (...) or mixing of religion and politics being problematic and potentially dangerous is a byproduct of the rise of secularism, often regarded as one of the hallmarks of modern society. The concept of social justice is an important concept for the social-political harmony in present times. Social justice denotes the equal treatment of all citizens without any social distinction based on caste, colour, race, religion, sex and so on. It means absence of privileges being extended to any particular section of the society, and improvement in the conditions of backward classes (SCs, STs, and OBCs) and women. Social justice is a public and collective good that involves an equitable sharing of the earth’s power, resources and opportunities to enable people individually and collectively to develop their talents to the fullest. Its realisation requires social relations embedded in trust, acceptance, mutuality, reciprocity and solidarity. Under Indian Constitution the use of social justice is accepted in wider sense, which includes social and economical justice both. Ancient social structure allows us to see the discrimination made to indigenous people with reference to their socio-political life. These evils not only effects Hindu social order rather it also haunts the social structure of newly established religions in Indian continent. The objective of this paper is to disuses the role of religions in imparting social justice to Indian socio-political structure of our society. First we will see the place of religion in society then sees its effect on socio-political order whether it is affirmative or negative which allow us to make any rational conclusion. (shrink)

ā no bhadrāḥ kratavo yantu viśvato ' Let good thoughts come from all around; inspired by this timeless epic of Rigveda. India has presented an excellent model of Multiculturalism to the world. The multiculturalist model of the West, as established by contemporary thinkers like Will kymlicka, is based on the separate political existence of different cultural classes. However, India's cultural nationalism has shown how diverse cultures can co-exist with a common socio-political thought over the centuries. Sakas, Huns, Kushans, Turks, Afghan, (...) Iranians, and Mughals all got absorbed in sanatan Indian culture. Not only this , it also gave place to the different cultures to come, and made the model, of coexistence alive. In the name of nationalities like French, Spanish, Portuguese, Polish, and German, Europe got divided into many nation states, but in India Gujarati, Marathi,, Telugu Oriya, Bengali, Punjabi, Assamese, Tamil, Kannada, Malayalam nationalities were not divided into nation states. Instead coexistence has been made for thousands of years. India has maintained multiculturalism not only at the socio-cultural level but also at the political level. Through federal structure, universal suffrage, constitutionally guaranteed civil rights, with other constitutional, institutions and provisions, multiculturalism is being addressed at the political level for population of 13 million people. Thus, in India, multiculturalism is not only a political tool for diversity but also a socio-political concept. Therefore, Indian multiculturalism presents a comprehensive, effective and more sustainable model which have to be discussed. (shrink)

The research is a comparative study of the atomic theories of Kanada and Democritus. Because of their pluralistic tendencies, emphasis on causality, their materialistic account of sense knowledge, and their attempt to explain the physical system by means of reduction to the configuration of its constitutive elements, both philosophers present an epistemological base that could accommodate scientific inquiry. Notwithstanding the early and expansive beginning of Indian atomism, modern scientific atomic theory traces its origin to Democritus. Through cross-cultural critical engagement (...) of parallel ideas between Kanada and Democritus, the paper aims to discover the common problems that they dealt with in order to further our understanding of the early history of atomic theory, to evaluate the relative merits and limitations of their proposed solutions, to resolve some difficulties that each account faces by appealing to the other, and to highlight their contributions to the emergence of atomic worldview. (shrink)

The Indian banking system evolved from an exclusive private enterprise controlled by a few wealthy families and trusts, leaving the majority reliant on high-interest private lenders, perpetuating economic disparity. Nationalization of 21 banks under Indira Gandhi aimed to rectify this, aligning with India's constitutional goal of equitable wealth distribution. However, globalization and privatization reshaped the landscape, emphasizing profit-seeking and catering to the corporate sector and affluent classes. The marginalized rural and small business sectors suffered in this pursuit, evident in (...) neglected rural branch postings. To address this, an ethical foundation merging Marxist economics and Shariah banking principles is proposed, seeking inclusivity and ethical grounding. Shariah principles, rooted in Islamic law, extend beyond religious boundaries, while Marxist values amplify voices of the marginalized. By combining these principles, a more inclusive, morally anchored, and holistic Indian banking system can be envisioned. The priority sector's Non-Performing Assets challenge can be addressed without jeopardizing inclusivity. (shrink)

Hierarchy and inequality are deeply rooted in Indian tradition. They are found in practice in the form of unequal placement of caste and class groups in the civilizing system of Indian society. The notions of dharma (normative order), karma (personnel moral commitment) and jāti (caste) that constitute the basic principles of Indian culture, making the Indian cultural tradition a unique cultural tradition, are also the principles of hierarchy and social stratification. In this paper, an attempt has (...) been made to present a comprehensive and investigative view of different scholars concerning the deep-rooted traditional characteristics of caste in Indian society. (shrink)

What makes a culture and what are the cultural traits identified by people are important questions to be developed more within diaspora studies. This article proposes a critical inquiry into the ways of defining socio-cultural traits through the discussions with Indian diaspora living in the context of Western culture. It suggests hypothesis that there is a possibility of hybrid cultures between the Eastern and Western. The ontological status of being ‘Indian’ would be different while living in India and (...) abroad, and the cultural ontology in those subject positions would also vary to produce hybrid cultures. Theories of migration, culture and gender constitute a background and framework in this study. Reflections on cultural identity and cultural traits are obtained in this study through direct interviews with diaspora Indians living in Germany. In this process of analyses, the methodology of gender is adopted along with other methods of qualitative research to see how the socio-cultural perspectives change after migration to Western cultures, and how those are different among men and women. The preliminary argument derived in this article is that cultural traits can be traced in aspects of people’s daily life, but not only through dominant art forms, literature or historical monuments. It is done with a critical perspective on the existing dominant methods of defining culture. This study has a critic on existing methodologies that are Eurocentric, male-centric and neglecting the individual and mundane experiences of people who live in varied cultural contexts with complex cultural identities. Key words: Culture, Gender, Migration, Germany, Indian Diaspora, Hybridity. (shrink)

Dr. B.R. Ambedkar is one of the names who advocated to change social order of the age-old tradition of suppression and humiliation. He was an intellectual, scholar, statesman and contributed greatly in the nation building. He led a number of movements to emancipate the downtrodden masses and to secure human rights to millions of depressed classes. He has left an indelible imprint through his immense contribution in framing the modern Constitution of free India. He stands as a symbol of (...) struggle for achieving the Social Justice. We can assign several roles to this great personality due to his life full dedication towards his mission of eradicating evils from Indian society. The social evils of Indian society, also neglected this great personality even in intellectual sphere too. The so-called intellectuals of India not honestly discussed his contribution to Indian intellectual heritage, rather what they discussed, also smells their biases towards a Dalit literate and underestimated his great personality. This paper will attempt to discuss important facts about life and a short description of the literature written by Dr. B.R. Ambedkar. This is followed by discussion his philosophy in the five major sections i.e. Feminism and women empowerment, philosophy of education, ideas on social justice and equality, philosophy of politics and economics and philosophy of religion. (shrink)

The paper focuses on a comparison by taking some of the main results of the European tradition of phenomenology of religion represented and further developed by Jean-Luc Marion. His views on the constitution of the “I” look promising for a comparison when contrasted with the views on the same phenomenon in Indian religious traditions. Marion, whose rich work is in the main part devoted to the philosophy of donation, discovered a new way that led him from the givenness (...) of the object of knowledge/perception to the understanding of self-givenness of the subject up to a new understanding of the experience of god. The author chooses as a start¬ing point the central question in Marion’s work which refers to the constitution of the “I” and the problem of whether it is able to constitute itself or whether something exists that constitutes the “I” beforehand without leaving the concept of subjectivity. For the Indian side, he offers examples for the way in which the constitution of the “I” takes place or not and what relevance a kind of givenness has in this context not only for a concept of the subject but also for the theistic ideas in Indian traditions. (shrink)

The consciousness of social security comes to a man when he feels that he is getting his basic rights. Human Rights are related to those rights which are related to man’s life, freedom, equality and self-esteem, are established by Indian constitution or universal declaration of human rights and implemented by Indian judiciary system. In other words, “Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, color, religion, (...) language, or any other status.”1 We are all equally entitled to our human rights without discrimination. But we when come the present conditions of Indian society, it is painful to say we find lots of discrimination and violations of human rights is a common problem. In this paper it is an attempt is made to describe that casteism cause social insecurity and is a form of violation of human rights. (shrink)

This paper is a reflection of Indian culture and civilization in the lights of holy Vedas. The author in this paper considers the Holy Vedas as the origin of enriched and spiritual civilization of India. The Vedas ("knowledge") are a large body of texts originating in ancient India. Composed in Vedic Sanskrit, the texts constitute the oldest layer of Sanskrit literature and the oldest scriptures of India. The Vedas are apauruṣeya ("not of human agency").They are supposed to have been (...) directly revealed, and thus are called śruti ("what is heard"), distinguishing them from other religious texts, which are called smṛti ("what is remembered"). The Rigveda, containing hymns to be recited by the hotar, or presiding priest; The Yajurveda, containing formulas to be recited by the adhvaryu or officiating priest; The Samaveda, containing formulas to be sung by the udgatar or priest that chants; The Atharvaveda, a collection of spells and incantations, apostrophic charms and speculative hymns. (shrink)

In different parts of the world, attempts have been made to define the principle of fraternity as a political and legal value as compared to a historic/rhetoric one. Fraternity or fraternal relations (occasionally also referred to as solidarity, humanity, compassion, brotherhood) are forged in the everyday lives of societies, when they share common aspirations and vulnerabilities. The wider use or the linking of the principle to conditions of conflict and mass frustration makes it a sort of mirror of realities. These (...) lived experiences and contexts also give the principle a dynamic and propelling quality within law and politics. (shrink)

Bred in an intellectual and practising tradition, the author explores layers of dharma, with its meanings and influences, from the ancient to the present. He juxtaposes and contextualises this concept based on the Mahabharata and relates it to the problems of life vis-à-vis social strata. The work analyses philosophical concepts, readings, and re-readings in a novel way. The sceptre and solace of dharma are depicted and the political interpretation in the Indian Constitution is traced.

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark (...) decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights.]. (shrink)

Domestic courts have attained prominent status in the international human rights system. While adjudicating individual claims and interpreting legal provisions, domestic courts have conveyed meanings that are integral to the working of the international human rights system. The dynamism of domestic courts is an undeniable quality, through which they incorporate diverse perspectives based on principles linked to individual sovereignty, justice, peace, etc. In this paper, the role of the Indian Supreme Court has been discussed in light of three landmark (...) decisions where the court applies international and domestic human rights standards to substantiate its interpretations. In light of the cases of Navtej Singh v. Union of India, Joseph Shine v. Union of India, and KS Puttaswamy v. Union of India, the paper examines the approach of the court under five broad headings: (a) the domestic context, (b) autonomy and determination, (c) constitutional parameters and validity of laws (d) vulnerability, and (e) other courts and other contexts. On the role of domestic courts in general, the paper outlines a list of the contributions that domestic courts are making in the field of human rights. (shrink)

This essay analyzes the provocative image of the bodhisattva, the saint of the Indian Mahayana Buddhist tradition, descending into the hell realms to work for the benefit of its denizens. Inspired in part by recent attempts to naturalize Buddhist ethics, I argue that taking this ‘mythological’ image seriously, as expressing philosophical insights, helps us better understand the shape of Mahayana value theory. In particular, it expresses a controversial philosophical thesis: the claim that no amount of physical pain can disrupt (...) the flourishing of a fully virtuous person. I reconstruct two related elements of early Buddhist psychology that help us understand this Mahayana position: the distinction between hedonic sensation and virtuous or nonvirtous mental states ; and the claim that humans are massively deluded as to what constitutes well-being. Doing so also lets me emphasize the continuity between early Buddhist and Mahayana traditions in their views on well-being and flourishing. (shrink)

The relationship between the physical body and the conscious human mind has been a deeply problematic topic for centuries. Physicalism is the 'orthodox' metaphysical stance in contemporary Western thought, according to which reality is exclusively physical/material in nature. However, in the West, theoretical dissatisfaction with this type of approach has historically lead to Cartesian-style dualism, wherein mind and body are thought to belong to distinct metaphysical realms. In the current discussion I compare and contrast this standard Western approach with an (...) alternative form of dualism developed in the Sāṃkhya-Yoga philosophical tradition, where matter and pure consciousness are held to belong to distinct and independent realms, but where the mind is placed on the material side of the ontological divide. I argue that this model possesses a number of theoretical advantages over Cartesian-style dualism, and constitutes a compelling theoretical framework for re-conceptualizing the mind-body problem. (shrink)

The Upanishads reveal that in the beginning, nothing existed: “This was but non-existence in the beginning. That became existence. That became ready to be manifest”. (Chandogya Upanishad 3.15.1) The creation began from this state of non-existence or nonduality, a state comparable to (0). One can add any number of zeros to (0), but there will be nothing except a big (0) because (0) is a neutral number. If we take (0) as Nirguna Brahman (God without any form and attributes), then (...) from where and how did the universe come into existence? -/- The neutral power (0) cannot produce anything without having an element of duality in it. Although Nirguna Brahman is neutral, it has a positive, negative, and neutral pole, constituting its Prakriti or nature. Prakriti has three latent Gunas (modes or qualities): Satva, Rajas, and Tamas. They are related to Gyana Shakti (the power of knowledge) Sankalpa Shakti (the power of ideation), and Kriya Shakti (the power of action). Science says that Atom is the basic element from which the universe evolved. The Atom has three nuclei- electron, pluton, and neutron. The Satva, Rajas, and Tamas in Indian spirituality are nothing but the mystical names for the nuclei of an atom. -/- According to Bhagavata Purana, Prakriti is also constituted of the elements of Time, Karma (action/destiny) and Swabhava (innate nature). Time disturbs the equilibrium of Gunas. From the aspect of Karma is produced an entity called Mahat, in the form of intelligence. Mahat is dominated by Satva and Rajas. From Mahat manifests the next evolute dominated by Tamas with three predominant qualities – Dravya (substance), Kriya (action), as well as intelligence. It forms to become the Ego principle (Ahamkara). -/- Ahamkara has three modes – Satvic, Rajasic and Tamasic. Satvic is Jnana oriented, Rajasic action-oriented and Tamasic Dravya (substance) oriented. From the Tamasic Ahankara, five gross elements are produced (ether, air, fire, water, and earth - Akash, Vayu, Agni, Jal and Prithvi). From the Satvic Ahamkara, guardian deities (the sun and moon, deities of sense organs, and organs of action) and from Rajasic Ahamkara, ten senses (Indriyas), five senses of perception, five organs of action, the faculties of intellect and Prana (life breath) are produced. -/- Bhagavata says that since these energies, elements, and faculties remained disassociated, they were combined to form a Cosmic Egg. The egg floats in the primal waters for a thousand years. Then God enters this Cosmic Egg and manifests himself as the Cosmic Purusha. He is the first nucleus, the God particle equivalent to the number (1) which is the embodiment of everything in the universe. The concept of creation and dissolution in Hinduism can be compared to the waves in an ocean that appear and disappear incessantly. The Manvantaras are such successive episodes of creation emerging from the Cosmic Person, the Manu who is embodied God-Consciousness, God himself. These episodes of creation are measured in Hinduism in terms of Manvantaras, the epochs of Manus. -/- Manu is the ‘First-Born’ (1) of God, the Cosmic Purusha from whom the world has originated. This Cosmic Person (Purusha) has been described as having fourteen biospheres (heavens) that are inhabited by various life forms in the order of evolution of consciousness. If we begin from the human biosphere (Bhuloka), there are ten astral biospheres that a man must transcend to attain liberation or Mukti from the cycle of births and deaths. -/- The number (1) produces the primary numbers up to (9) through the transmutation of the creational energies and qualities. The process can be related to the descent and cyclical evolution of (1) through ten spiritual stages, finally merging with the nondual (0). The number (10) marks the merger of (1) with (0). The Hindu worldview is that all life forms in an episode of creation must evolve to become one with the non-dual state (0) to attain liberation from the cycle of births and deaths in a cyclical process. -/- . (shrink)

The Abhidharmakośabhāṣya (Treasury of Metaphysics with Self-Commentary) is a pivotal treatise on early Buddhist thought composed around the fourth or fifth century by the Indian Buddhist philosopher Vasubandhu. This work elucidates the Buddha’s teachings as synthesized and interpreted by the early Buddhist Sarvāstivāda school (“the theory that all [factors] exist”), while recording the major doctrinal polemics that developed around them, primarily those points of contention with the Sautrāntika system of thought (“followers of the scriptures”). Employing the methodology and terminology (...) of the Buddhist Abhidharma system, the Abhidharmakośabhāṣya offers a detailed analysis of fundamental doctrines, such as early Buddhist theories of mind, cosmology, the workings of karman, meditative states and practices, and the metaphysics of the self. One of its unique features is the way it presents the opinions of a variety of Buddhist and Brahminical schools that were active in classical India in Vasubandhu’s time. The work contains nine chapters (the last of which is considered to have been appended to the first eight), which proceed from a description of the unawakened world via the path and practices that are conducive to awakening and ultimately to the final spiritual attainments which constitute the state of awakening. In its analysis of the unawakened situation, it thus covers the elements which make up the material and mental world of sentient beings, the wholesome and unwholesome mental states that arise in their minds, the structure of the cosmos, the metaphysics of action (karman) and the way it comes into being, and the nature of dispositional attitudes and dormant mental afflictions. In its treatment of the path and practices that lead to awakening, the treatise outlines the Sarvāstivāda understanding of the methods of removing defilements through the realization of the four noble truths and the stages of spiritual cultivation. With respect to the awakened state, the Abhidharmakośabhāṣya gives a detailed description of the different types of knowledge and meditational states attained by practitioners who reach the highest stages of the path. (shrink)

A biophysical and biochemical perspective of Brahmajnaana will be advanced by viewing Upanishads and related books as “Texts of Science on human mind”. A biological and cognitive science insight of Atman and Maya, the results of breathing process; constituting and responsible for human consciousness and mental functions will be developed. The Advaita and Dvaita phases of human mind, its cognitive and functional states will be discussed. These mental activities will be modeled as brain-wave modulation and demodulation processes. The energy-forms and (...) their transformations as ideas/moods/experiences/thoughts/feelings/utterances/knowing/perception/experience/mood; and a theory of human cognition and communication will be advanced. The sameness of these and processes taking place and steps involved in human language acquisition and communication processes will be highlighted taking ideas from Sabdabrahma Siddhanta and Sphota Vaada, for which the basis is Brahmajnaana only. In fine, a physiological psychological and neurological model of human consciousness and function of mind based on Indian spiritual thought will be derived and discussed using concepts from modern science and technology. The application of these derivations in the fields of physiological psychology, mind-machine modeling, natural language comprehension branch of artificial intelligence and neurology to model and imitate human mental functions will be hinted. -/- . (shrink)

The Human Rights Studies Programme, School of International Studies (JNU), in collaboration with the Centre for Inner Asian Studies, School of International Studies (JNU), and the Indian Law Institute (Delhi), organized a Human Rights Day Webinar on the Intersections of Human Rights and Criminal Law on December 9-10, 2021. Experts and young scholars from the field shared their insights and research on the webinar theme. The presentations were organized under four sessions, including Session I on Rights Jurisprudence and Criminal (...) Law, Session II on Proposals for Criminalisation and Decriminalisation, Session III on Crimes, Victims, and Punishments, and Session IV on Reforms in the Future. The Webinar was conceptualized keeping in view the responsibility of states under international human rights law to prohibit and punish for the protection of human rights and the redressal of violations. The obligations of States to prohibit and punish inform the development of criminal rules and procedures under different legal systems, leading to the near universalization of legislative frameworks, legal justifications, and punishments. In the working of international human rights institutions, the criminal laws adopted by States are an indicator or marker of the level of compliance of States with the international mandates. In recent years, the interface between the two fields, i.e., international human rights and domestic criminal laws, has sparked great jurisprudential, political, and constitutional debates in different parts of the world. Against this backdrop, the Webinar was organized on Human Rights Day to discuss the relevant issues. (shrink)

In India, Dalits faced a centuries-old caste-based discrimination and nowadays indigenous people too are getting a threat from so called developed society. We can define these crimes with the term ‘atrocity’ means an extremely wicked or cruel act, typically one involving physical violence or injury. Caste-related violence has occurred and occurs in India in various forms. Though the Constitution of India has laid down certain safeguards to ensure welfare, protection and development, there is gross violation of their rights such (...) as killing, murder, torture, burning, abduction, rape and molestation. According to a report by Human Rights Watch, “Dalits and indigenous peoples (known as Scheduled Tribes or adivasis) continue to face discrimination, exclusion, and acts of communal violence. Laws and policies adopted by the Indian government provide a strong basis for protection, but are not being faithfully implemented by local authorities.” Human rights issues are very often understood and analyzed from socio-political and cultural perspectives. Apart from such perspectives, the issue of human rights also can be analyzed from a strictly philosophical perspective, which implies that the idea of human rights is centered on the inspiration of human dignity. Several studies on the situation of human rights of Dalits in several parts of India show more reports on violation of human rights than on protection of them. Dalits are discriminated against, denied access to land, forced to work in degrading condition, and routinely abused at the hands of the police and higher-caste groups that enjoy state protection. For example, Dalit women are regularly subjected to sexual violence as a result of their lower caste status-often in response to their demands of basic rights. Hate crimes towards indigenous peoples is a daily reality in many countries across the globe. The challenge is to change such a dehumanized situation. The challenge is to each one of us that whether engaged in governance of the civil society or voluntarily engaged in social and economic development of society, one thing to remember is that leaving behind the vulnerable units of our society – Dalits and indigenous peoples – will not take us to a prosperous society. This paper is an attempt to study the situation of human rights of two most neglected segments of society namely, Dalits and STs as a serious international human rights issue. (shrink)

The author o ers a brief report of introducing the study of religion in India since 194 While doing so he refers to the Constitution of India, so-called Nehruvian Consensus, the Kothari Commission which made an important distinction between ‘religious education’ and ‘educa- tion about religion’, as well as several other bodies responsible for national policy on education, which gave a unique shape of Indian secularism.

The present education does riot yield required results mainly because it is divorced from the real social content and social goals. We as the citizens of the republic are constitutionally committed to democracy, social justice, equality of opportunity, secularism and above all to a welfare state. Educational policy and educational programmes should not merely equip an individual to adjust with society to its customs and conventions, but it should enable him to bring desirable changes in the society. Every educational institute (...) from secondary school to University College should be developed to become an agency of change, it is the dream of Dr. B.R .Ambedkar. (shrink)

In this paper an attempt is made to draw out an outline of present social evils generated from Caste-Discrimination and this system is the misinterpreted conception of Varynavyavastha where the four varnas are divided on the basis of division of labour and since history it converted to caste system. With these Human Rights issues are directly related and human rights are an important concept in civilized and democratic society. But from the part of Government and judiciary the above said both (...) are separated and cannot be treated equally and it can be see in the latest examples of inhuman acts with Dalits in Haryana. First this paper also highlights the schemes and policies of the government to eliminate this system and their failure in part of unavailability to socially deprived persons. These policies are only in the paper form and cannot become part of practical concerns. Secondly these problems related to caste- discrimination can be solved only by social awareness and social interaction among different communities but not only by policies and schemes. Since independence there is not a single case of social awareness programme conducted by political parties and government and this become the root cause of social inequality till now. The present examples of violation and injustice with poor and deprived persons show the failure of our judiciary system and so-called democratic & secular society. With this background some recommendations will be discussed in the last of the paper so that a humane society can be modeled according to our constitutional commitment of social equality, freedom and brotherhood. (shrink)

A. Poleev. Constitutional order in Russia. Enzymes, Revised print edition 2020.

In contrast to a stereotypical account of Indian philosophy that are entailments of the interpreter’s beliefs (an approach that violates basic standards of reason), an approach to Indian philosophy grounded on the constraints of formal reason reveals not only a wide spread disagreement on dharma (THE RIGHT OR THE GOOD), but also a pervasive commitment to the practical foundation of life’s challenges. The flip side of this practical orientation is the criticism of ordinary experience as erroneous and reducible (...) to the agent’s mental states. If we ignore the background practical orientation in Indian philosophy, this seems not like an error theory, that I call Ironic Idealism, but as a defense of idealism. I consider salient candidates for Indian Idealism (Advaita Vedānta, Yogācāra Buddhism, Kāśmīra Śaivism and the Yogavāsiṣṭha) and note that these positions continue a theme in Indian philosophy of articulating Ironic Idealism. Ironic Idealism depends upon the very Indian distinction between ultimate and provisional truth, and Ironic Idealism criticizes the mundane, provisional sort of "truth" as psychological and mental --- and ultimately false. Interpretation, the common approach to the study of Indian philosophy, is an example of what Ironic Idealism criticizes. This explains why authors incorrectly find Idealism everywhere in Indian thought. (shrink)

According to Arti Dhand, it can be argued that all Indian ethics have been primarily virtue ethics. Many have indeed jumped on the virtue bandwagon, providing prima facie interpretations of Hindu, Jain, and Buddhist canons in virtue terms. Others have expressed firm skepticism, claiming that virtues are not proven to be grounded in the nature of things and that, ultimately, the appeal to virtue might just well be a mere façon de parler. In this paper, we aim to advance (...) the discussion of Indian virtue ethics. Our intent is not to provide a catch-all interpretation of the different Indian schools. Our goal is, more modestly, to offer a theory of virtues in Indian philosophies, as a framework for theorists and interpreters who see these diverse traditions as amenable to systematic virtue analysis. Our theory grounds virtues in the reality of genuine moral dispositions and in a system of beliefs where morality is understood as transformative in nature. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent (...) Assembly with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (shrink)

Theorists of public reason such as John Rawls often idealize constitutional courts as exemplars of public reason. This paper raises questions about the seduction and limits of analogies between theorists’ account of public reason and actual constitutional jurisprudence. Examining the work product of the United States Supreme Court, the paper argues that while it does engage in reason-giving to support its decisions—as the public reason strategy suggests— those reasons are (largely) legalistic and specifically juristic reasons—not the theorists’ idealized moral-political reasons (...) on matters of fundamental principle. But if constitutional courts do not engage on matters of fundamental principle, then a public reason strategy for assuaging democratic worries about judicial review would no longer be open: prominent liberal and deliberative democratic theorists could no longer point to the alleged superiority of constitutional courts to speak in the name of, and for, the people’s shared political principles. The paper extends beyond the U.S. case study by pointing to three institutional factors explaining the disanalogy between what some constitutional courts do and what public reason theories require them to do. It concludes with considerations about whether the public reason strategy might be more successfully applied to international courts. (shrink)

A rational interpretation is proposed for two ancient Indian logics: the Jaina saptabhaṅgī, and the Mādhyamika catuṣkoṭi. It is argued that the irrationality currently imputed to these logics relies upon some philosophical preconceptions inherited from Aristotelian metaphysics. This misunderstanding can be corrected in two steps: by recalling their assumptions about truth; by reconstructing their ensuing theory of judgment within a common conceptual framework.

Many philosophers think that games like chess, languages like English, and speech acts like assertion are constituted by rules. Lots of others disagree. To argue over this productively, it would be first useful to know what it would be for these things to be rule-constituted. Searle famously claimed in Speech Acts that rules constitute things in the sense that they make possible the performance of actions related to those things (Searle 1969). On this view, rules constitute games, languages, and speech (...) acts in the sense that they make possible playing them, speaking them and performing them. This raises the question what it is to perform rule-constituted actions (e. g. play, speak, assert) and the question what makes constitutive rules distinctive such that only they make possible the performance of new actions (e. g. playing). In this paper I will criticize Searle’s answers to these questions. However, my main aim is to develop a better view, explain how it works in the case of each of games, language, and assertion and illustrate its appeal by showing how it enables rule-based views of these things to respond to various objections. (shrink)

Practices – specific, recurrent types of human action and activity – are perhaps the most fundamental "building blocks" of social reality. This book argues that the detailed empirical study of practices is essential to effective social-scientific inquiry. It develops a philosophical infrastructure for understanding human practices, and argues that practice theory should be the analytical centrepiece of social theory and the philosophy of the social sciences. -/- What would social scientists’ research look like if they took these insights seriously? To (...) answer this question, the book offers an analytical framework to guide empirical research on practices in different times and places. The author explores how practices can be identified, characterised and explained, how they function in concrete contexts and how they might change over time and space. -/- The Constitution of Social Practices lies at the intersection of philosophy, social theory, cultural theory and the social sciences. It is essential reading for scholars in social theory and the philosophy of social science, as well as the broad range of researchers and students across the social sciences and humanities whose work stands to benefit from serious consideration of practices. (shrink)

This book sheds new light on the fascinating - at times dark and at times hopeful - reception of classical Yoga philosophies in Germany during the nineteenth century. Written for non-specialists, Indian Philosophy and Yoga in Germany will be of interest to students and scholars working on 19th-century philosophy, Indian philosophy, comparative philosophy, Hindu studies, intellectual history, and religious history.

B.K.Matilal, and earlier J.F.Staal, have suggested a reading of the `Nyaya five limb schema' (also sometimes referred to as the Indian Schema or Hindu Syllogism) from Gotama's Nyaya-Sutra in terms of a binary occurrence relation. In this paper we provide a rational justification of a version of this reading as Analogical Reasoning within the framework of Polyadic Pure Inductive Logic.

Galen Strawson’s Basic Argument is that because self-creation is required to be truly morally responsible and self-creation is impossible, it is impossible to be truly morally responsible for anything. I contend that the Basic Argument is unpersuasive and unsound. First, I argue that the moral luck debate shows that the self-creation requirement appears to be contradicted and supported by various parts of our commonsense ideas about moral responsibility, and that this ambivalence undermines the only reason that Strawson gives for the (...) self-creation requirement. Second, I argue that the self-creation requirement is so demanding that either it is an implausible requirement for a species of true moral responsibility that we take ourselves to have or it is a plausible requirement of a species of true moral responsibility that we have never taken ourselves to have. Third, I explain that Strawson overgeneralizes from instances of constitutive luck that obviously undermine moral responsibility to all kinds of constitutive luck. (shrink)

An adequate understanding of the ubiquitous practice of mechanistic explanation requires an account of what Craver termed “constitutive relevance.” Entities or activities are constitutively relevant to a phenomenon when they are parts of the mechanism responsible for that phenomenon. Craver’s mutual manipulability account extended Woodward’s account of manipulationist counterfactuals to analyze how interlevel experiments establish constitutive relevance. Critics of MM argue that applying Woodward’s account to this philosophical problem conflates causation and constitution, thus rendering the account incoherent. These criticisms, (...) we argue, arise from failing to distinguish the semantic, epistemic, and metaphysical aspects of the problem of constitutive relevance. In distinguishing these aspects of the problem and responding to these critics accordingly, we amend MM into a refined epistemic criterion, the “matched interlevel experiments” account. Further, we explain how this epistemological thesis is grounded in the plausible metaphysical thesis that constitutive relevance is causal betweenness. (shrink)

Constitutions enshrine the fundamental values of a people and they build a framework for a state’s public policy. With regard to generational change, their endurance gives rise to two interlinked concerns: the sovereignty concern and the forgone welfare concern. If constitutions are intergenerational contracts, how (in)flexible should they be? This article discusses perpetual constitutions, sunset constitutions, constitutional reform commissions and constitutional conventions, both historically and analytically. It arrives at the conclusion that very rigid constitutions are incompatible with the principle of (...) intergenerational justice. Recurring constitutional reform commissions in fixed time intervals would give each generation of citizens a say without leaning too much to the side of flexibility. (shrink)

Constitution is the relation that holds between an object and what it is made of: statues are constituted by the lumps of matter they coincide with; flags, one may think, are constituted by colored pieces of cloth; and perhaps human persons are constituted by biological organisms. Constitution is often thought to be a.

Can the question "Why do what morality requires?" be answered in such a way that anyone regardless of their desires or interests has reason to be moral? One strategy for answering this question appeals to constitutive arguments. In general, constitutive arguments attempt to establish the normativity of rational requirements by pointing out that we are already committed to them insofar as we are believers or agents. This study is concerned with the general prospects for such arguments. It starts by explaining (...) the general constitutive argument strategy, followed by an examination of constitutive arguments that have been given regarding theoretical reason and the instrumental principle in practical reason, and concluding with a discussion of some challenges to constitutive arguments in moral philosophy and some possible responses to these challenges. (shrink)

The requirements of rationality are fundamental in practical and theoretical philosophy. Nonetheless, there exists no correct account of what constitutes rational requirements. This paper attempts to provide a correct constitutive account of ‘rationality requires’. I argue that rational requirements are grounded in ‘necessary explanations of subjective incoherence’, as I shall put it. Rationality requires of you to X if and only if your rational capacities, in conjunction with the fact that you not-X, explain necessarily why you have a non-maximal degree (...) of subjective coherence. (shrink)

In this paper, I present a new framework supporting the claim that some elements in science play a constitutive function, with the aim of overcoming some limitations of Friedman's (2001) account. More precisely, I focus on what I consider to be the gradualism implicit in Friedman's interpretation of the constitutive a priori, that is, the fact that it seems to allow for degrees of 'constitutivity'. I tease out such gradualism by showing that the constitutive character Friedman aims to track can (...) be captured by three features - namely, quasi-axiomaticity (QA), generative potential (GP), and empirical shielding (ES) - which are exhibited to a maximal degree by the examples Friedman deploys, particularly in his analysis of Newtonian mechanics. I argue that not all varieties of 'constitutivity' can be captured by the kind of gradualism implicit in Friedman's view, although developing the gradualism itself might provide useful insights. To show this, I analyse the function of the Hardy-Weinberg principle (HWP) in population genetics in terms of its QA, GP, and ES. Whereas the HWP does not count as constitutive in classical philosophical interpretations (Sober 1984), nor does it within Friedman's framework, it does nonetheless perform a minimally constitutive function. By means of historical details and considerations on the prospects of replacing the HWP, I show that the HWP is minimally constitutive by being a counterfactual instantiation of a paradigmatically constitutive stability principle, where the latter might itself be regarded as an enabling condition for a variety of modelling practices across the sciences. (shrink)

There are two basic views concerning the relationship between constitutional rights and proportionality analysis. The first maintains that there exists a necessary connection between constitutional rights and proportionality, the second argues that the question of whether constitutional rights and proportionality are connected depends on what the framers of the constitution have actually decided, that is, on positive law. The first thesis may be termed ‘necessity thesis’, the second ‘contingency thesis’. According to the necessity thesis, the legitimacy of proportionality analysis (...) is a question of the nature of constitutional rights, according to the contingency thesis, it is a question of interpretation. The article defends the necessity thesis. | A previous version of this article was published in Chinese Yearbook of Constitutional Law, Vol. 2010, 221–235. (shrink)

This paper develops a normative framework for both conceptualizing and assessing various institutional possibilities for democratic modes of constitutional change, with special attention to the recent ferment of constitutional experimentation. The paper’s basic methodological orientation is interdisciplinary, combining research in comparative constitutionalism, political science and normative political philosophy. In particular, it employs a form of normative reconstruction: attempting to glean out of recent institutional innovations the deep political ideals such institutions embody or attempt to realize. Starting from the assumption that (...) contemporary constitutional democracies are attempting to realize the broader ideals of deliberative democratic constitution (ideals outlined briefly in the first section), the paper proposes an evaluative framework, comprised of six criteria, for assessing various mechanisms of constitutional change. It argues that democratic forms of constitutional change embody six distinct ideals—operationalizability, structural independence, democratic co-authorship, political equality, inclusive sensitivity, and reasons-responsiveness—and that these ideals can be used to gauge the normative worth of different mechanisms for carrying out such change. The framework is developed with reference to recent constitutional developments (e.g., in Venezuela, South Africa, Columbia, Bolivia, and Iceland) highlighting distinct criteria and showing how they appear to capture the general direction of institutional innovation. The paper conjectures that the set of six criteria yield the best normative reconstruction of the crucial ideals embodied in the constitutional change mechanisms of contemporary constitutional democracies, and so, ought to be used for purposes of evaluating institutional design proposals. (shrink)

In this paper I analyze constitution embodiment, a particular conception of embodiment. Proponents of constitution embodiment claim that the body is a condition of the constitution of entities. Constitution embodiment is popular with phenomenologically-inspired Embodied Cognition, including research projects such as Enactivism and Radical Embodied Cognitive Science. Unfortunately, PEC’s use of constitution embodiment is neither clear nor coherent; in particular, PEC uses the concept of constitution embodiment so that a major inconsistency is entailed. PEC (...) conceives of the body in a transcendental sense as a condition of the constitution of entities, and, in an ontic sense, as a scientifically describable entity. Yet, a condition of the constitution of entities cannot be itself an entity—rather, it is the very condition of the possibility of an entity. This inconsistency entails further problems, among them PEC’s misguided focus on the location of the embodied mind. In order to correct these mistakes, I develop a conception of constitution embodiment based on the work of Heidegger, Husserl and to a lesser degree Merleau-Ponty. This has two purposes. First, it provides the conceptual groundwork to secure the status of PEC as a consistent and coherent research project and to clarify PEC’s conception of the relationship between phenomenology and the sciences. In that spirit, my approach provides further guidelines for fruitful research alliances between PEC and other research programs such as Grounded Cognition and identifies current research alliances, such as those with Radical Enactivism, as undesirable. Second, my account provides an elaborate concept of constitution embodiment that can function as the basis for more sophisticated work in the future. (shrink)

Contemporary Indian Philosophy is related to contemporary Indian thinkers and contains the proceedings of First Session of Society for Positive Philosophy and Interdisciplinary Studies (SPPIS) Haryana. It is neither easy nor impossible to translate into action all noble goals set forth by the eminent thinkers and scholars, but we might try to discuss and propagate their ideas. In this session all papers submitted electronically and selected abstracts have been published on a website especially develop for this session. In (...) this volume we included some papers from this session and also from open sources and contributors include teachers, research scholars and students etc. This volume is divided into two parts. First part contains papers on Swami Vivekananda and second part contains papers of B. G. Tilak, Sri Aurobindo, Mahatma Gandhi, Jawaharlal Nehru, Saheed Bhagat Singh and Dr. B.R. Ambedkar etc. It is the general intention of the Centre to produce informative as well as positive literature to inspire and motivate the students and the general readers. (shrink)