PROPORTIONALITY ANALYSES ON GENDER EQUALITY : A MULTIJURISDICTIONAL COMPARISON WITH A VIEW TOWARD AN INDIAN MIGRATION

Abstract

THIS THESIS EXAMINES THEORETICALLY AND EMPIRICALLY THE ADVANTAGES AND DISADVANTAGES OF PROPORTIONALITY ANALYSIS IN THE GENDER EQUALITY CONTEXT TO DETERMINE WHETHER THE INDIAN JUDICIARY SHOULD ADOPT THIS FORM OF ANALYSIS FOR ITS EQUALITY JURISPRUDENCE. FOR THE EMPIRICAL ANALYSIS THE THESIS LOOKS AT THE JURISPRUDENCE OF CANADA AND SOUTH AFRICA. THE THESIS CONCLUDES THAT PROPORTIONALITY JURISPRUDENCE IS BENEFICIAL IN INSTANCES OF DIRECT GENDER DISCRIMINATION, BUT NEEDS MODIFICATION TO ADEQUATELY ADDRESS INDIRECT GENDER DISCRIMINATION.