Papers by Harshit Agrawal
Local Government Quarterly , 2024
Public transportation serves as a lifeline for every city. Public transport could range from metr... more Public transportation serves as a lifeline for every city. Public transport could range from metro rails to Rapid Bus Transit, including privately owned Intermediate Transport such as autorickshaws. Recently, there has been a rise in the debate on Sustainable Urban Transportation and Green Urban Mobility as a way forward to improve access and mobility for people Rejuv enation an d Urban Transformation (AMRUT), 2015; Smart City Mission, 2015; Uttar Pradesh Electric Vehicle Manufacturing & Mobility Policy, 2022 and critically evaluated them in the light of Uttar Pradesh transit mission.
IILS LAW REVIEW, 2023
The Indian Penal Code, even after multiple amendments, fails to recognise the changing gender rea... more The Indian Penal Code, even after multiple amendments, fails to recognise the changing gender realities of Indian society. Gender-specific nature of IPC has contributed to erasing and marginalising the experiences of the LGBTQ community. It has left the members of the LGBTQ community outside the realm of legal protections, which has proven to be a hindrance in their path towards dignity and equality. The transgender community has suffered most from this gender-specific language. Engagement of the LGBTQ community with the law is primarily defined by its gender-specific language. Members of the LGBTQ community faced multiple and often intersecting forms of violence through state and society. Rape of trans persons in police custody, corrective rape of lesbian and/or bisexual women by their family members, sexual harassment, and domestic and intimate-partner violence are things almost every member of LGBTQ communities undergo. However, the inability of the law, especially IPC, to comprehend violence and crime beyond gender binaries has left them with little or no protection from institutional and day-today violence. Inclusion of the LGBTQ community in participatory democracy and achievement of equal citizenship would require a queer assessment of the law. Queer analyses of law would be based on an intersectional standpoint which would challenge not only the hierarchies of gender and sexuality but also eliminate other asymmetrical relationships in the law. Using a queer lens allows us to unearth historically neglected voices and to include divergent and emerging politics of gender and sexuality.
The Urban World, 2023
The planning and development of cities is generally understood as an impartial and neutral proces... more The planning and development of cities is generally understood as an impartial and neutral process unaffected by the social implications in society. Historically, the field of urban planning is defined by a goal of the 'common good' where cities were designed to foster economic productivity, consumerism, and an exclusive focus on constructing the building mass of a city. However, in reality, at the centre of this unbiased planning and design process was an able-bodied, upperclass, working male from whose standpoint urban planning processes were largely imagined and implemented. Feminist theorists have tried to bring forth how architectural design, planning, and the concept of space and the built environment impact political power, cultural and social experiences of individuals and communities in urban life.
Women & Society, 2022
In this photo-documentation series inspired by Shilpa Phadke's concept of 'manufactured respectab... more In this photo-documentation series inspired by Shilpa Phadke's concept of 'manufactured respectability' from her book "Why Loiter?" (2011), the lens is turned towards the women of Aligarh city, who skilfully negotiate the entrenched patriarchal notion of the public-private divide. This visual narrative masterfully captures their ongoing struggle to reclaim the fundamental right to explore and savour public spaces, a privilege often denied to them by societal norms. By emphasising the women's encounters with these public spaces, this photo-documentation series underscores their determination to shift the narrative. Through their actions, they challenge and dismantle the power structures that uphold genderbased segregation and encourage a more inclusive, egalitarian society where women can embrace the public sphere without judgment, fear, or discrimination. They challenge the traditional roles assigned to them and, in the process, redefine the boundaries of what is considered 'respectable' in their culture. In doing so, they transcend the limitations imposed by a society that often seeks to limit their freedom.
Journal of Indian Legal Thought , 2020
Trans identity is clouded with genetic mystery and socio-religious superstitions, which has creat... more Trans identity is clouded with genetic mystery and socio-religious superstitions, which has created a distorted version of trans person lived experiences. This incomplete understanding of trans identity is also reflected in Transgender Persons (Right to Protection) Act, 2019. The act essentialise trans identity based on bodily features and sex characteristics, it also focused heavily on the hijra community, neglecting the diverse expression of gender identities beyond heteronormative patriarchal structures. The act denied the right to self-identification to transgender individuals, annihilating them with a sense of self. The act also fails to recognise the historical injustice and discrimination faced by transgender persons by denying the appropriate affirmative actions as suggested in NALSA judgement by Supreme Court including reservation for transgenders. Though the act provides transgender persons protection from sexual assault, but at the same time it deemed trans lives as less valuable than cis-gender women by penalising sexual assault on transgender person with imprisonment of six months to two years while in certain cases sexual assault on cis-gender woman can result in life imprisonment.
The Transgender Persons Act is a flawed attempt to include transgender community into mainstream society, which has witnessed erasure and silencing of their existence since colonial times. The complexities of trans identity and its interaction with other forms of identity such as caste, class, religion, ability etc. are also not acknowledged in the act. The Transgender Persons Act adopts a paternalistic approach towards trans individuals, devoicing them with any agency they have and moulding them into passive victims.
The Urban World- QUARTERLY PUBLICATION OF THE RCUES OF AIILSG, MUMBAI, 2021
Nagpur Multidisciplinary Law Review, 2023
In the last decade, India saw an emerging economic opportunity in the frame of Commercial Surroga... more In the last decade, India saw an emerging economic opportunity in the frame of Commercial Surrogacy. It became a temporary solution for penurious women to uplift themselves and their families from poverty and destitution. Recent years saw an exponential rise in the business of surrogacy due to the influx of international couples. This happened because of the presence of qualified medical practitioners, quality care for surrogates, relatively low cost, and above all, the readiness of poor women as surrogates. The Surrogacy (Regulation) Act, the act bans the practice of commercial surrogacy in India, allowing only altruistic surrogacy to infertile Indian married couples. This act makes conditions that only legally married Indian heterosexual couples, divorced and widow women can opt for surrogacy, thus excluding single people, live-in couples, widowers, and gay couples, amongst others. But parenthood is beyond gender and sexual preferences. Excluding anyone from availing it based on their sexuality, nationality, the status of marriage etc. is a severe infringement of their human rights. Further, this act allows altruistic surrogacy, implying it should not include any monetary benefits and should be done only for the sake of humanity. This act is made with an aim to curb exploitation, but ironically, it is curtailing the rights of surrogate women by removing the commercial benefit. Through the Surrogacy (Regulation) Act 2021, the government failed to acknowledge the nuanced forms of exploitation prevalent in altruistic surrogacy and has a limited understanding of the freedom, rights and choices of women.
Book Chapters by Harshit Agrawal
University for Peace, 2022
Technology can serve as a catalyst for women’s empowerment like access to banking and financial s... more Technology can serve as a catalyst for women’s empowerment like access to banking and financial services, online education and access to markets, which in return can enhance their life opportunities and uplift their social status both in family and society. However, mobile and Internet have become a new area where women are facing difficulties like cyberbullying and online harassment. UNICEF defines cyberbullying as “bullying with the use of digital technologies. It can take place on social media, messaging platforms, gaming platforms and mobile phones. It is repeated behavior, aimed at scaring, angering or shaming those who are targeted.” Posting rumors, sexual comments, personal information of someone, hate speech, threats etc. all are forms of harmful cyber bullying. This can lead to victims of it experiencing low self-esteem, negative thoughts, emotional breakdown, agitation, depression, failure and resentment.
Online violence and harassment against women and other marginalized communities is a virtual manifestation of social inequalities and hierarchies in the society. However, cyberbullying is not considered to be of similar urgency as violence and harassment in the real world. According to data released recently by the National Crime Records Bureau, cases of cyberstalking or bullying of women and children increased by 36% from 542 in 2017 to 739 in 2018. Meanwhile, the conviction rate for cyberstalking or bullying of women and children fell 15 percentage points to 25% in 2018 from 40% in 2017 (Maheshwari, 2020). A recent study titled Online Study and Internet Addiction conducted by Child Rights and You (CRY), a NGO, in 2020 found that around 9.2% of 630 adolescents surveyed in Delhi-NCR had experienced cyberbullying and half of them had not reported it to teachers, guardians of the social media companies concerned.
In an incident of cyberbullying, Trinamool Congress MP Nusrat Jahan was trolled by Muslim hardliners for wearing mangalsutra and vermillion, on twitter people wrote vicious comments questioning her religious identity. However, cyberbullying is not limited to individual level but also stretches to community/group level. There are instances where cyberbullying intersects with caste, religion and sexual orientation. Most recent incident of cyberbullying is Bulli Bai- an online auction of Muslim women, where photos of these women were uploaded on the app without their permission. Though the app does not sell anyone but was the channel for humiliating and harassing women from a specific religion. The app, Tiktok, that allows users to make 15-secs videos is known to everyone. But had its dark side, full of homophobia, cyberbullying and sexually blunt content. In one such incident of homophobia where a 24-year boy committed suicide after he was mocked for posting a video on the app where he was dressed as a woman (Mehta, 2019).
Cyber bullying is not new and creates a huge problem on the Internet but still it doesn’t get as equal importance and priority as other crimes are given. If laws are not made, applied and observed with intense gravity then victims will have to suffer more, both mentally and emotionally. Cyberbullying is used as a tool to silence the voices of marginalized groups and create a hostile environment in online spaces where sharing subaltern experiences becomes a dangerous act.
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Papers by Harshit Agrawal
The Transgender Persons Act is a flawed attempt to include transgender community into mainstream society, which has witnessed erasure and silencing of their existence since colonial times. The complexities of trans identity and its interaction with other forms of identity such as caste, class, religion, ability etc. are also not acknowledged in the act. The Transgender Persons Act adopts a paternalistic approach towards trans individuals, devoicing them with any agency they have and moulding them into passive victims.
Book Chapters by Harshit Agrawal
Online violence and harassment against women and other marginalized communities is a virtual manifestation of social inequalities and hierarchies in the society. However, cyberbullying is not considered to be of similar urgency as violence and harassment in the real world. According to data released recently by the National Crime Records Bureau, cases of cyberstalking or bullying of women and children increased by 36% from 542 in 2017 to 739 in 2018. Meanwhile, the conviction rate for cyberstalking or bullying of women and children fell 15 percentage points to 25% in 2018 from 40% in 2017 (Maheshwari, 2020). A recent study titled Online Study and Internet Addiction conducted by Child Rights and You (CRY), a NGO, in 2020 found that around 9.2% of 630 adolescents surveyed in Delhi-NCR had experienced cyberbullying and half of them had not reported it to teachers, guardians of the social media companies concerned.
In an incident of cyberbullying, Trinamool Congress MP Nusrat Jahan was trolled by Muslim hardliners for wearing mangalsutra and vermillion, on twitter people wrote vicious comments questioning her religious identity. However, cyberbullying is not limited to individual level but also stretches to community/group level. There are instances where cyberbullying intersects with caste, religion and sexual orientation. Most recent incident of cyberbullying is Bulli Bai- an online auction of Muslim women, where photos of these women were uploaded on the app without their permission. Though the app does not sell anyone but was the channel for humiliating and harassing women from a specific religion. The app, Tiktok, that allows users to make 15-secs videos is known to everyone. But had its dark side, full of homophobia, cyberbullying and sexually blunt content. In one such incident of homophobia where a 24-year boy committed suicide after he was mocked for posting a video on the app where he was dressed as a woman (Mehta, 2019).
Cyber bullying is not new and creates a huge problem on the Internet but still it doesn’t get as equal importance and priority as other crimes are given. If laws are not made, applied and observed with intense gravity then victims will have to suffer more, both mentally and emotionally. Cyberbullying is used as a tool to silence the voices of marginalized groups and create a hostile environment in online spaces where sharing subaltern experiences becomes a dangerous act.
The Transgender Persons Act is a flawed attempt to include transgender community into mainstream society, which has witnessed erasure and silencing of their existence since colonial times. The complexities of trans identity and its interaction with other forms of identity such as caste, class, religion, ability etc. are also not acknowledged in the act. The Transgender Persons Act adopts a paternalistic approach towards trans individuals, devoicing them with any agency they have and moulding them into passive victims.
Online violence and harassment against women and other marginalized communities is a virtual manifestation of social inequalities and hierarchies in the society. However, cyberbullying is not considered to be of similar urgency as violence and harassment in the real world. According to data released recently by the National Crime Records Bureau, cases of cyberstalking or bullying of women and children increased by 36% from 542 in 2017 to 739 in 2018. Meanwhile, the conviction rate for cyberstalking or bullying of women and children fell 15 percentage points to 25% in 2018 from 40% in 2017 (Maheshwari, 2020). A recent study titled Online Study and Internet Addiction conducted by Child Rights and You (CRY), a NGO, in 2020 found that around 9.2% of 630 adolescents surveyed in Delhi-NCR had experienced cyberbullying and half of them had not reported it to teachers, guardians of the social media companies concerned.
In an incident of cyberbullying, Trinamool Congress MP Nusrat Jahan was trolled by Muslim hardliners for wearing mangalsutra and vermillion, on twitter people wrote vicious comments questioning her religious identity. However, cyberbullying is not limited to individual level but also stretches to community/group level. There are instances where cyberbullying intersects with caste, religion and sexual orientation. Most recent incident of cyberbullying is Bulli Bai- an online auction of Muslim women, where photos of these women were uploaded on the app without their permission. Though the app does not sell anyone but was the channel for humiliating and harassing women from a specific religion. The app, Tiktok, that allows users to make 15-secs videos is known to everyone. But had its dark side, full of homophobia, cyberbullying and sexually blunt content. In one such incident of homophobia where a 24-year boy committed suicide after he was mocked for posting a video on the app where he was dressed as a woman (Mehta, 2019).
Cyber bullying is not new and creates a huge problem on the Internet but still it doesn’t get as equal importance and priority as other crimes are given. If laws are not made, applied and observed with intense gravity then victims will have to suffer more, both mentally and emotionally. Cyberbullying is used as a tool to silence the voices of marginalized groups and create a hostile environment in online spaces where sharing subaltern experiences becomes a dangerous act.