JEMTEC

Free Legal Aid at state cost is a fundamental feature of all democratic systems. It may slightly differ in form in other jurisdictions. The difference in quality and manner is based on social setup. The prevailing circumstances - economic, political and others of a particular State play an important role in this regard. The preamble of the Constitution secures to its citizen, social, economic and political justice.  Article 14 of the Constitution makes it clear that the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. The guarantee of equal justice is meaningless if the poor or illiterate persons cannot enforce their rights because of their poverty or illiteracy. Articles 38 and 39, of the Constitution of India lay down clear mandate in this regard.  According to Article 38 (1) the State shall strive to promote the welfare of the people by securing and protecting as effectively as it may a soci...

While there are likes of ”Padmani Prakash” and “Madhu Bai Kinnar” which exhorts us to believe in the capabilities of humans ; at the same time the “Third gender” is an ambivalent community lost in the drudges of powerful   and an all pervading religious structure.                While the author started to deconstruct the strands of this four thousand old tradition imbibing community, the author realised the magnitude of its nature.   ‘Hijras’ or ‘eunuchs’ have been mentioned in the mythological texts such as Kama Sutra, Ramayana and Mahabharata holding religious positions of power and administration. Also, one of the many forms of Shiva, a principal Hindu deity, involves him merging with his wife, Parvati, to become the androgynous Ardhanari, who holds special significance to many in the hijra community.             Keeping in mind the re...