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This book is a compelling examination of the theoretical discourse on rights and its relationship with ideas, institutions and practices in the Indian context. By engaging with the crucial categories of class, caste, gender, region and religion, it draws attention to the contradictions and contestations in the arena of rights and entitlements. The essays by eminent experts provide deep and nuanced insights on the intersecting issues and concerns of individual and group identities as well as their connection with the State along with its multifarious institutions and practices. The volume not only engages with the dilemmas emerging out of the rights discourse, but also sets out to recognize the significance of a shared commitment to a rights-based framework towards the promotion of justice and democracy in society. The book will be useful to academics, social scientists, researchers and policymakers. It will be of special interest to teachers and students in the fields of politics, development studies, philosophy, ethics, sociology, gender/women’s studies and social movements.
The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life. Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s. Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes "state-in-society" approaches to comparative politics, political sociology, and legal studies in new directions.
In this groundbreaking work, Gurpreet Mahajan tackles the predisposition of political theory to be limited by the Western canon. Bringing into focus how concepts central to the modern democratic political imaginary are interpreted in India, this book elaborates the ways that ideas of freedom, equality and difference are layered with new meanings and how questions of religion and state, critical reason and embedded self are understood in the Indian context. Part of Zed’s World Political Theories series, this remarkable work offers a glimpse of the social and political life of contemporary India, and how it differs from the dominant liberal paradigm.
This volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.
This book explores hitherto unaddressed dimensions in federalism studies in India. It traces continuities and changes in Indian federalism since independence and especially economic liberalization. Beginning with the 1990s, due to the emergence of multi-party system, coalition governments, change in judicial temper and the onset of privatization and globalization in the economy, there has been a trend towards greater federalization in India. However, in the context of one-party majority in a coalition government since 2014, new aspects have emerged in Indian federalism. The volume engages with several facets of federalism: administrative federalism; environmental and resource federalism; changing dynamics of fiscal federalism; and multi-level governance. With comparative data and case studies across different states of India, it brings together a range of issues, including Article 356 and its dysfunctions; land acquisition; decentralized governance; tribal rights; the roles of central and state governments; concerns regarding Citizenship Amendment Act; recent abrogation of Article 370 and 35 A; Delhi and statehood; climate change; MGNREGA; implementation of ICDS and the cooperative and competitive nature of Indian federalism. Comprehensive and topical, this book will be useful to scholars and researchers of political science, federalism, comparative federal studies, political studies, comparative politics, public administration, governance and development studies. It will also interest policy makers, bureaucrats, government organizations, NGOs, and civil society activists.
"India's constitution protects the right to peaceful expression and its courts have issued numerous decisions that are protective of the right. However governments at both the national and state level persist in using harsh laws, many of them relics of the colonial era, to criminalize peaceful expression and arrest critics. While some prosecutions, in the end, have been dismissed or abandoned, many people who have engaged in nothing more than peaceful criticism have been arrested, held in pre-trial detention, and forced to defend themselves in costly criminal proceedings. Fear of such actions has led others to engage in self-censorship. In 2016 there has been a spike in the number of sedition cases filed nationwide. Human Rights Watch calls on the Indian government to drop all pending charges and investigations against those who are facing prosecution for the exercise of their right to freedom of expression, halt the abuse of the legal process and detain critics, and amend or repeal relevant laws to bring them into line with international human rights standards"--Page [4] of cover.
Exploring the history of contemporary legal thought on the rights and status of the West's colonized indigenous tribal peoples, Williams here traces the development of the themes that justified and impelled Spanish, English, and American conquests of the New World.
This volume looks at human rights in independent India through frameworks comparable to those in other postcolonial nations in the Global South. It examines wide-ranging issues that require immediate attention such as those related to disability, violence, torture, education, LGBT, neoliberalism, and social justice. The essays presented here explore the discourse surrounding human rights, and engage with aspects linked to the functioning of democracy, security and strategic matters, and terrorism, especially post 9/11. They also discuss cases connected with human rights violations in India and underline the need for a transparent approach and a more comprehensive perspective of India’s human rights record. Part of the series Ethics, Human Rights and Global Political Thought, the volume will be an important resource for academics, policy makers, civil society organisations, lawyers and those concerned with human rights. It will also be useful to scholars and researchers of Indian politics, law and sociology.
Contributing to the ongoing debates on citizenship, this book traces the Citizenship Act of India, 1955 from its inception, through the various amendments in 1986, 2003, and 2005. It includes detailed studies of other significant laws and judgments including the Abducted Persons (Recovery and Rehabilitation) Act (1949), and the Illegal Migrants Determination by Tribunals Act (1983) to show how citizenship unfolded among differentially located individuals, communities, and groups. The book argues that the citizenship laws in India show a steady movement towards the affirmation of citizenship's relationship with blood-ties and descent. The volume identifies amendments in the Citizenship Act as transitions which are framed by major historical choices and decisions. It examines the liminal categories of citizenship produced in the period between the commencement of the Constitution and the enactment of the Citizenship Act, which continue to make citizenship fraught with uncertainties and exclusions. Through a discussion of laws and judgments, the work also brings out the relationship between citizenship and migration in independent India, in particular in the wake of migration from Bangladesh and distress migration because of the breakdown of rural economies.
At what age do girls gain the maturity to make sexual choices? This question provokes especially vexed debates in India, where early marriage is a widespread practice. India has served as a focal problem site in NGO campaigns and intergovernmental conferences setting age standards for sexual maturity. Over the last century, the country shifted the legal age of marriage from twelve, among the lowest in the world, to eighteen, at the high end of the global spectrum. Ashwini Tambe illuminates the ideas that shaped such shifts: how the concept of adolescence as a sheltered phase led to delaying both marriage and legal adulthood; how the imperative of population control influenced laws on marriage age; and how imperial moral hierarchies between nations provoked defensive postures within India. Tambe takes a transnational feminist approach to legal history, showing how intergovernmental debates influenced Indian laws and how expert discourses in India changed UN terminology about girls. Ultimately, Tambe argues, the well-meaning focus on child marriage has been tethered less to the interests of girls themselves and more to parents’ interests, achieving population control targets, and preserving national reputation.