Archana Parashar

Macquarie University · Macquarie Law School

This article examines the legal status of the Rohingya in Myanmar by analysing relevant constitutional provisions (of 1947, 1974 and 2008) and other major citizenship legislations including the Citizenship Law, 1982. A doctrinal analysis demonstrates that: (i) the earlier Constitutions and laws provided citizenship for the Rohingya (where they were...

This article examines the concept of religious personal laws as used in Indian legal discourse. This concept is used to denote religious laws of various communities that are claimed to be upheld but not modified by the secular state and also to refer to the religion related rules followed by communities outside of state regulation. This existence o...

With the worldwide sweep of gender-neutral, gender-equal or gender-sensitive public laws in international treaties, national constitutions and statutes, it is timely to document the raft of legal reform and to critically analyse its effectiveness. In demarcating the academic study of the public law of gender, this book brings together leading lawye...

This article analyses the continued denial of equality to women in India's religious personal laws by focusing on the rights of brothers and sisters to illustrate the repeated failures of law. Although this failure has been normalised by deploying various conceptual tools, these theoretical trends need to be challenged. This article examines the 20...

This article examines the concept of religious personal laws as used in Indian legal discourse. This concept is used to denote religious laws of various communities that are claimed to be upheld but not modified by the secular state and also to refer to the religion related rules followed by communities outside of state regulation. This existence o...

International laws such as The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) promise a universal system of rights to varied people in varied places. In many Pacific states this has been translated to mean that women should have the same privileges as men to control, possess and use land. This could not be furthe...

The family law in Australia claims to be universal, egalitarian, progressive and just. This characterisation of family law, among other things, allows for constructing the mythical Australian identity and the political claim that those who choose to come to Australia should agree to live by its values including its family law. It leaves no scope fo...

PIP This analysis of the use of family law to ensure gender justice for women in India is based on the assumption that law plays an important role in the struggle for gender justice despite problems in accessibility and focuses on how family law can help end the oppression that the compulsion to marry perpetrates on Indian women. It is argued that...

In the teaching of law in higher education there is a shift away from exclusive emphasis on technical legal knowledge (black letter law) to examination of the nature of legal knowledge and its construction. Such a paradigm shift requires a parallel shift in the methodology of teaching, such that the educational model emphasises dialogue and critiqu...

In a changing market driven university context, law teachers and students are questioning the role of critical thinking and theoretical analysis in the subjects taught and learnt. This article re-positions the role of critical thinking in legal education. It relies on empirical data and draws support from educational scholars in concluding that bot...