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With reference to India.
This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws. The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.
Countries in Asia, with their diverse populations, struggle with constructing legal systems that will deliver on the promise of equal rights to all its citizens. This book evaluates these attempts in four Asian states: India, China, Malaysia and Singapore.
Can a state empower its citizens by classifying them? Or do reservation policies reinforce the very categories they are meant to eradicate? Indian reservation policies on government jobs, legislative seats and university admissions for disadvantaged groups, like affirmative action policies elsewhere, are based on the premise that recognizing group distinctions in society is necessary to subvert these distinctions. Yet the official identification of eligible groups has unintended side-effects on identity politics. Bridging theories which emphasize the fluidity of identities and those which highlight the utility of group-based mobilizations and policies, this book exposes didactic enforcement of categorizations, while recognizing the social and political gains facilitated by group-based strategies.
Contributed articles.