Anti Discriminatory Laws: Rationale, Objectives and Functioning - A Comparison of Indian and Brazilian Laws

Shruti Viswanathan, National Law School of India University

25 August 2008, 0945, Moot Court

Shruti opens the first Singapore Law Review International Writing Symposium with an essay that presents many of the best aspects of the Symposium - the opportunity for comparative law, exploring the theoretical and jurisprudential basis of law and drawing their parallels with the society affected by it. Be an early bird and catch the Symposium in the thick of action!

Abstract

Many countries, the world over, pride themselves on having implemented anti discriminatory laws and subscribing severe penal consequences for violation of the same. Each coercive law requires a reason that will justify the use of force. Equality is the pivot around which anti discriminatory laws today revolve. Fair opportunity and achievement of an egalitarian, discrimination free society is often touted as their objectives. Keeping this in mind this paper looks at the experiences of India and Brazil with respect to anti discriminatory laws. The paper challenges the impact of law and legal mechanisms in transforming traditional orders and preventing discrimination. It is argued that even when anti discriminatory laws are passed this in itself it is not an automatic solution to the problem of discrimination. In fact the presence of an inadequate anti discrimination law could prove more harmful as the presence of a law often legitimizes legal and thereby socio-economic status quo.

Shruti is a fourth-year law student from the National Law School of India University who is interested in inter-disciplinary legal studies. “I believe that in today’s ever shrinking world, law has a defining role to play in shaping society… It is important that we begin to compare experiences from across the world as this would help us work towards a viable and effective solution to our common problems.”