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Developing Human Capabilities Through Law: Is Indian Law Failing?

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  • Routh Supriya

    (WB National University of Juridical Sciences, India)

Abstract

The Capability Approach envisages a human-centred idea of development instead of an income-based idea of development. Economic development is only one of the components in human capability development. Economic development by itself cannot ensure capability promotion amongst individuals, specially in developing countries like India where majority of the population suffers from various kinds of capability deprivation. What is required under such circumstances is enabling the population to make use of economic development by enhancing their capabilities. The judicial system is an important institution in this regard. However, judicial interpretation in India is not helping the cause of capability promotion amongst the population. The judiciary is blinded by the rhetoric of economic development. Judicial interpretations show that the judiciary believes economic development by itself is sufficient enough condition in the development of the country and its people. This article, by choosing the example of labour law, shows that the judiciary is acting under a mistaken belief of development in interpreting labour jurisprudence in India. If human development is the goal of the labour laws, the judiciary needs to focus on providing social and institutional conditions for the promotion of capabilities rather than eroding such conditions in the name of economic development.

Suggested Citation

  • Routh Supriya, 2012. "Developing Human Capabilities Through Law: Is Indian Law Failing?," Asian Journal of Law and Economics, De Gruyter, vol. 3(1), pages 1-22, April.
    • Handle: RePEc:bpj:ajlecn:v:3:y:2012:i:1:n:4
    DOI: 10.1515/2154-4611.1064
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    References listed on IDEAS

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    1. Benedetta Giovanola, 2005. "Personhood and Human Richness: Good and Well-Being in the Capability Approach and Beyond," Review of Social Economy, Taylor & Francis Journals, vol. 63(2), pages 249-267.
    2. Sabina Alkire, Maria Emma Santos, 2010. "Acute Multidimensional Poverty: A New Index for Developing Countries," OPHI Working Papers 38, Queen Elizabeth House, University of Oxford.
    3. Nussbaum, Martha, 1987. "Nature, Function and Capability," WIDER Working Papers 295560, United Nations University, World Institute for Development Economic Research (UNU-WIDER).
    4. Dreze, Jean & Sen, Amartya, 2002. "India: Development and Participation," OUP Catalogue, Oxford University Press, edition 2, number 9780199257492.
    5. Alkire, Sabina, 2005. "Valuing Freedoms: Sen's Capability Approach and Poverty Reduction," OUP Catalogue, Oxford University Press, number 9780199283316.
    6. Alkire, Sabina, 2002. "Dimensions of Human Development," World Development, Elsevier, vol. 30(2), pages 181-205, February.
    7. Ingrid Robeyns, 2005. "The Capability Approach: a theoretical survey," Journal of Human Development and Capabilities, Taylor & Francis Journals, vol. 6(1), pages 93-117.
    8. Sen, Amartya, 1988. "Freedom of choice : Concept and content," European Economic Review, Elsevier, vol. 32(2-3), pages 269-294, March.
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