Saptarshi Mandal
Biographic Data
| ID | 3587327 |
|---|---|
| NAME | Saptarshi Mandal |
| GIVEN NAMES | Saptarshi |
| FAMILY NAME | Mandal |
| SIGNATURE | MANDAL S |
| AFFILIATIONS | O. P. Jindal Global University |
| ORCID | 0000-0003-2188-3298 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 10 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2013 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 1 |
The Difference Method Makes
Restraint and creativity are both necessary judicial attitudes. But when should judges exercise restraint in adjudication and when, creativity? This is the question posed by the Supreme Court’s 2020 split verdict in the case of Rana Nahid v Sahidul Chisti, which required the Court to decide whether Family Courts had jurisdiction over maintenance claims under the Muslim Women (Protection of Rights on Divorce) Act, 1986. By contrasting the two appr…
Bringing Governance Home
Ambedkar’s illegal marriage
Intercaste marriage is widely seen as an instrument for and an index of social equality. This article makes two interventions aimed at interrogating this perception. First, it shows that legalizing intercaste marriage became politically viable owing to its promise of modernizing Hindu marriage and fostering Hindu solidarity. Second, by turning to the anti-caste thought of B.R. Ambedkar, it shows that rather than prescribing intercaste marriage, a…
Colour blindness
Towards Uniformity of Rights
The chapter locates the PWDVA in the context of India’s multiple, religion-specific personal laws. It underlies three factors that allow PWDVA to establish common standards governing family life, despite un-common or separate family laws. First, the religion-neutral framing of the PWDVA and the judges’ understanding of domestic violence as a universal phenomenon cutting across religion. Second, though the DV Act concerns violence, it is designed …
Laila Ashrafun, Women and domestic violence in Bangladesh
Religious family law and legal change in comparative perspective
The Impossibility of Marital Rape
India is one of the few countries in the world that continues to exempt husbands from being charged with rape committed against their wives. This article describes a brief period of contestation between feminists and the state in India, when this exceptional treatment of marriage was challenged and it was demanded that the husband's legal immunity be ended. Unpacking the responses of the state for retaining the immunity, this article shows how th…
The Burden of Intelligibility
What is the evidentiary value accorded to a woman’s testimony in a rape trial, when she is disabled? How is her testimony—conveyed non-verbally and made accessible to the judges through an interpreter—processed by a legal culture that values descriptive precision and intelligibility? How does ‘intelligibility’ itself act as a sieve through which the testimony of the disabled prosecutrix is passed to determine if the allegation of rape is proved b…
The Impossibility of Marital Rape
India is one of the few countries in the world that continues to exempt husbands from being charged with rape committed against their wives. This article describes a brief period of contestation between feminists and the state in India, when this exceptional treatment of marriage was challenged and it was demanded that the husband's legal immunity be ended. Unpacking the responses of the state for retaining the immunity, this article shows how th…
Bringing Governance Home
The Burden of Intelligibility
What is the evidentiary value accorded to a woman’s testimony in a rape trial, when she is disabled? How is her testimony—conveyed non-verbally and made accessible to the judges through an interpreter—processed by a legal culture that values descriptive precision and intelligibility? How does ‘intelligibility’ itself act as a sieve through which the testimony of the disabled prosecutrix is passed to determine if the allegation of rape is proved b…
The Impossibility of Marital Rape
India is one of the few countries in the world that continues to exempt husbands from being charged with rape committed against their wives. This article describes a brief period of contestation between feminists and the state in India, when this exceptional treatment of marriage was challenged and it was demanded that the husband's legal immunity be ended. Unpacking the responses of the state for retaining the immunity, this article shows how th…
Religious family law and legal change in comparative perspective
Towards Uniformity of Rights
The chapter locates the PWDVA in the context of India’s multiple, religion-specific personal laws. It underlies three factors that allow PWDVA to establish common standards governing family life, despite un-common or separate family laws. First, the religion-neutral framing of the PWDVA and the judges’ understanding of domestic violence as a universal phenomenon cutting across religion. Second, though the DV Act concerns violence, it is designed …
Laila Ashrafun, Women and domestic violence in Bangladesh
Ambedkar’s illegal marriage
Intercaste marriage is widely seen as an instrument for and an index of social equality. This article makes two interventions aimed at interrogating this perception. First, it shows that legalizing intercaste marriage became politically viable owing to its promise of modernizing Hindu marriage and fostering Hindu solidarity. Second, by turning to the anti-caste thought of B.R. Ambedkar, it shows that rather than prescribing intercaste marriage, a…
Colour blindness
The Difference Method Makes
Restraint and creativity are both necessary judicial attitudes. But when should judges exercise restraint in adjudication and when, creativity? This is the question posed by the Supreme Court’s 2020 split verdict in the case of Rana Nahid v Sahidul Chisti, which required the Court to decide whether Family Courts had jurisdiction over maintenance claims under the Muslim Women (Protection of Rights on Divorce) Act, 1986. By contrasting the two appr…
Bringing Governance Home
Political science (9 works) · Law (7 works) · Sociology (6 works) · Law (5 works) · Computer Science (3 works) · Domestic violence (3 works) · Epistemology (3 works) · Poison control (3 works) · Politics (3 works) · Psychology (3 works)