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The first thorough study of the co-existence of crime and democratic processes in Indian politics In India, the world's largest democracy, the symbiotic relationship between crime and politics raises complex questions. For instance, how can free and fair democratic processes exist alongside rampant criminality? Why do political parties recruit candidates with reputations for wrongdoing? Why are one-third of state and national legislators elected--and often re-elected--in spite of criminal charges pending against them? In this eye-opening study, political scientist Milan Vaishnav mines a rich array of sources, including fieldwork on political campaigns and interviews with candidates, party workers, and voters, large surveys, and an original database on politicians' backgrounds to offer the first comprehensive study of an issue that has implications for the study of democracy both within and beyond India's borders.
Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.
Enacted in 1860, the Indian Penal Code is the longest serving and one of the most influential criminal codes in the common law world. This book commemorates its one hundred and fiftieth anniversary and honours the law reform legacy of Thomas Macaulay, the principal drafter of the Code. The book comprises chapters which examine the general principles of criminal responsibility from the perspective of Macaulay, and from more recent accounts by lawmakers and reformers. These are framed by chapters that examine the history and conceptual underpinnings of Macaulay's Code, consider the need to revitalize the Indian Penal Code, and review the current challenges of principled criminal law reform and codification. This book is a valuable reference on the Indian Penal Code, and current debates about general principles of criminal law for legal academics, judges, legal practitioners and criminal law reformers. It also promises to have wider scholarly appeal, of interest to legal theorists, historians and policy specialists.
""Aims to analyse whether unwarranted disparity existed in rape sentencing in India, which anecdotal work of other scholars had pointed to"--Provided by publisher"--
This book provides a focused and comprehensive overview of criminal psychology in different socio-economic and psycho-sociological contexts. It informs readers on the role of psychology in the various aspects of the criminal justice process, starting from the investigation of a crime to the rehabilitation or reintegration of the offender. Current research in criminology and psychology has been discussed to understand the minds of various offenders, how to interact with them during investigation and conviction effectively and how to bring about positive changes in various stages of the criminal justice process—investigation, prosecution, incarceration, rehabilitation—to increase the efficacy of the correctional system and improve public confidence in the justice system. It thoroughly addresses the bigger issues of holistically reducing the increase in crime rates and susceptibility in society. Each chapter builds on leading scholarship in this field from Western scholars and supplements these theories with research findings from a South Asian perspective, particularly in the Indian criminal justice system. This book successfully encapsulates the foundations of criminal psychology literature while incorporating interdisciplinary avenues of study into criminal behaviour and legal psychology, bringing into the provincial discourse lacunas of the justice system and avenues for alternative correctional and rehabilitative programs.
Empire of Convicts focuses on male and female Indians incarcerated in Southeast Asia for criminal and political offenses committed in colonial South Asia. From the seventeenth century onward, penal transportation was a key strategy of British imperial rule, exemplified by deportations first to the Americas and later to Australia. Case studies from the insular prisons of Bengkulu, Penang, and Singapore illuminate another carceral regime in the Indian Ocean World that brought South Asia and Southeast Asia together through a global system of forced migration and coerced labor. A major contribution to histories of crime and punishment, prisons, law, labor, transportation, migration, colonialism, and the Indian Ocean World, Empire of Convicts narrates the experiences of Indian bandwars (convicts) and shows how they exercised agency in difficult situations, fashioning their own worlds and even becoming “their own warders.” Anand A. Yang brings long journeys across kala pani (black waters) to life in a deeply researched and engrossing account that moves fluidly between local and global contexts.
Native Americans are disproportionately represented as offenders in the U.S. criminal justice system. However, until recently there was little investigation into the reasons. Furthermore, there has been little acknowledgment of the positive contributions of Native Americans to the criminal justice system- in rehabilitating offenders, aiding victims, and supporting service providers. This book offers a valuable and contemporary overview of how the American criminal justice system impacts Native Americans on both sides of the law. Contributors- many of whom are Native Americans- rank among the top scholars in their fields. Some of the chapters treat broad subjects, including crime, police, courts, victimization, corrections, and jurisdiction. Others delve into more specific topics, including hate crimes against Native Americans, state-corporate crimes against Native Americans, tribal peacemaking, and cultural stresses of police officers. Separate chapters are devoted to women and juveniles.
This book provides an account of the distinctive way in which penal power developed outside the metropolitan centre. Proposing a radical revision of the Foucauldian thesis that criminological knowledge emerged in the service of a new form of power – discipline – that had inserted itself into the very centre of punishment, it argues that Foucault’s alignment of sovereign, disciplinary and governmental power will need to be reread and rebalanced to account for its operation in the colonial sphere. In particular it proposes that colonial penal power in India is best understood as a central element of a liberal colonial governmentality. To give an account of the emergence of this colonial form of penal power that was distinct from its metropolitan counterpart, this book analyses the British experience in India from the 1820s to the early 1920s. It provides a genealogy of both civil and military spheres of government, illustrating how knowledge of marginal and criminal social orders was tied in crucial ways to the demands of a colonial rule that was neither monolithic nor necessarily coherent. The analysis charts the emergence of a liberal colonial governmentality where power was almost exclusively framed in terms of sovereignty and security and where disciplinary strategies were given only limited and equivocal attention. Drawing on post-colonial theory, Penal Power and Colonial Rule opens up a new and unduly neglected area of research. An insightful and original exploration of theory and history, this book will appeal to students and scholars of Law, Criminology, History and Post-colonial Studies.
Criminal Capital explores the relationship between neoliberalism, criminality and the reshaping of class in modern India. It discusses how the political vocabularies of urban industrial workers reflect the processes by which power is distributed across the region. Based upon field research among a ‘casualised’ workforce in the industrial city of Jamshedpur, the book examines the links between the decline of employment security, and criminality in trade unions, corporations and the state. The volume compares popular discourses of corruption against the ethnography of local labour politics, business enterprise and debt collection, and shows how corruption and criminality consolidate class power in industrial environments. Using an interdisciplinary ethnographic approach, this study interrogates the relationship between capitalism, corruption, violence and labour politics in contemporary Indian society. An important intervention in the study of Indian political economy, this work will be of interest to scholars and researchers of Indian politics, social anthropology, economics, labour relations and criminology.