The Institute of Law, Nirma University and Shastri Indo-Canadian Institute (SICI) organized a series of lectures based on the theme, “Engendering Law: Status and Challenges” from 22-25 January 2024 to explore the interface between the domains of gender and law, with a comparative approach to Indian and Canadian legal provisions and practices. Against unequal access to resources and hierarchies of society where discrimination and prejudices based on gender prevail, how the legal system may intervene to reinstate dignity, equality, rights, and justice was the broad consideration of the lecture series.
The series provided a platform for illustrious legal scholars and practitioners of law to voice their concerns and opinions. Reflecting on the complexities of family law and especially matters of custodial rights, Ms. Flavia Agnes (Senior Advocate, Supreme Court of India) and Mr. John-Paul Boyd( Principal, John-Paul Boyd Arbitration Chambers, Canada) reflected on the historical evolution of the existing policies, challenges surrounding the question of custodial rights and its economic considerations, the role of stereotypes in shaping social attitudes and the intervention of the law in contesting certain harmful stereotypes and rigid gender roles from Indian and Canadian legal points of view on the first day of the series. The second day had much to offer from a socio-legal perspective as Professor Kamala Sankaran (National Law School of India University, Bangalore) and Professor Judith Fudge (McMaster University, Ontario) analyzed the legal issues surrounding gender and the gig economy, raising questions concerning rights and justice vis à vis an amorphous and rather unorganized sector. It was intriguing to see how the fields of legal policy and practice of labour law grapple with and charter new pathways in their encounters with socio-economic interfaces like the gig economy. Professor Archana Mishra from the University of Delhi presented an erudite and detailed comparative evaluation of property law regarding India and Canada on 24 January, the third day of the lecture. In a diverse society like India with varied religious, customary, and regional practices, and Canada with a complex colonial history, the evolution of property law is no less than a tale of an adventurous quest to safeguard justice and rights. Reproductive Rights, a much-contested legal domain, was the theme for the lecture on the 25th of January in which we had Professor Mrinal Satish from the National Law School of India University, Bangalore, and Professor Ubaka Ogbogu from the faculty of Law, University of Alberta speaking on issues like surrogacy, medical termination of pregnancy, and reproductive justice in general in policy and practice in the Indian and Canadian legal systems. The session touched upon several controversial debates, cases, and policy amendments from a comparative perspective. The speakers ruminated about how larger issues of biopolitical control over human bodies and selves, religious norms, social institutions, economic arrangements, consumer culture, and the like influence reproductive rights and the challenges faced by policymakers, legal experts and professionals, and other stakeholders owing to this situation. All sessions were followed by lively discussions. More than a hundred participants including students, researchers, law teachers, and practicing lawyers attended the online sessions spread over 4 days. The historical and comparative perspectives along with a futuristic view of possibilities and pitfalls around the conceptual and pragmatic aspects of ‘engendering law’ was a fruitful academic engagement, which may have its resonances in policy making.
Earlier, Professor Madhuri Parikh, Dean and Director, Institute of Law, Nirma University delivered the welcome address. Prof. Shreya Srivastav, Professor Varsha Ganguly, and Prof. Bini B.S. were the coordinators at the event. This event was supported by the financial assistance from the Shastri Indo-Canadian Institute.