Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights

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Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights presents some of the finest essays on social justice, rights and public policy. With a lucid new Introduction, it covers a vast range of issues and offers a compelling guide to understanding law and socio- legal studies in South Asia. The book covers critical themes such as the jurisprudence of rights, justice, dignity, with a focus on the regimes of patriarchy, labour and dispossession. The fourteen chapters in the volume, divided into three sections, examine contested sites of the constitution, courts, prisons, land and complex processes of migration, trafficking, digital technology regimes, geographical indications and their entanglements. This multidisciplinary volume foregrounds the politics and plural lives of/ in law by including perspectives from major authors who have contributed to the academic and/ or policy discourse of the subject. This book will be useful to students, scholars, policymakers and practitioners interested in a nuanced understanding of law, especially those studying law, marginality and violence. It will serve as essential reading for those in law, socio- legal studies, legal history, South Asian studies, human rights, jurisprudence and constitutional studies, gender studies, history, politics, conflict and peace studies, sociology and social anthropology. It will also appeal to legal historians and practitioners of law, and those in public administration, development studies, environmental studies, migration studies, cultural studies, labour studies and economics. Cover Endorsement Page Half-Title Page Routledge Readings Title Page Copyright Page Table of Contents List of Contributors Acknowledgements Introduction: Exploring the Contours of Interdisciplinary Law Section 1: Law, Development, and Social Justice Representing Justice, Intersectionality, and Interpretive Communities States of Exception, Lawfare, and Self-Determination Vernacularization, Demosprudence, and Justice Claims Ecologies of Justice and Belonging Technology, Development, and Social Justice Section 2: Constitutions, Precarity, Dispossession Colonialism, Insurgency, Exodus, and the Constitution The Discourse on Terror Self-Rule, Satyagraha, and Annihilation of Caste Pandemic Governance The Gendered Habitations of Precarity Gender Plurality and Diversity Choice, Honour, and (Anticipation of) Violence Precarity – Livelihoods and Laws Disobedient Bodies Property, Dispossessions, and Spatial Justice Land, Women, and Property Urban and Rural Landscapes Dispossession, Knowledge, Emplacement Conclusion Notes Cases Cited References Part I Colonialism, Insurgency, Exodus, and the Constitution 1 Law and Terror in the Age of Constitution-Making I II III IV Acknowledgements Notes References 2 The Gandhian Conception of the Constitution Hind Swaraj Aundh Experiment The Constitution of Aundh Solitary Experiment in Gandhian Philosophy Sriman Narayan’s Exposition of Gandhian Constitution Scientific Examination of Gandhian Philosophy New Definition of Ramrajya Function of the Panchayats Judiciary and Election System The Princely States and the Minority Question Taxation and National Wealth The Open Jail Acknowledgements Notes 3 On the Fringe: The Tribal Laws Why Discuss Them? What is Tribal Law? Tribal Law as Customary Law India’s Tribal North-East The Texture of the Discourse The Specificity of the Tribal North-East The Evolution of the Justice System in the North-East The Plural Justice System The Codification Project The Issue of Women’s Rights Tribal Laws and Globalisation Note References 4 Law, Rights, and Public Policy The Impact on Civil Liberties The Perception of Restricted Civil Liberties Free Speech and Fake News Privacy and Public Safety Governments and Fundamental Rights Notes References Part II Gendered Habitations of Precarity 5 The Trajectories of Work, Sexuality and Citizenship: The Rights of the Transgender in India State, Identity and Rights of Transgender People The Indian State and Rights to Sexuality: IPC S. 377 The State and Transgender Citizens: Violation of Civil and Constitutional Rights Conclusion Notes Bibliography 6 ‘Vimla to Pagal Hai!’ [Vimla is a Lunatic!] Notes References 7 Legitimating Love: Tis Hazari and the Judicial Process ‘Steel-proof’ Marriages Tis Hazari The process of court-marriage The role of the lawyers and touts Processes of social legitimation Note on court data Samina Rashmi Durga Legal and Social Ambivalence Notes References 8 A Legal Framework to Prevent Trafficking of Women and Young Girls During Disasters in India Relationship between Disaster and Human Trafficking Modalities for Disaster Risk Reduction Combating Human Trafficking: International Dimensions Strong Constitution and Weak Enforcement in Combating Human Trafficking in India The DMA 2005 needs to resonate with women and girls A Way Forward: Combating HumanTrafficking in Women and Young Girls in the Context of Disaster Preparedness against trafficking Lessons from Vulnerabilities Encountered During Disasters Post-disaster stage Notes References 9 Victims, Whores, and Wives: Migrant Women and the Law Moral Regulation of Migrant Women in and Through Law Sex Work and Anti-trafficking Interventions Economic Regulation of Migrant Women in and Through Law Organised Sector The Equal Remuneration Act, 1976 (ERA 1976) Maternity Benefits Act (MBA), 1961 Unorganised Sector Interstate Migrant Workmen (Regulation of Employment and Conditions of Services Act (ISMWA), 1979 Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Act (BCWA), 1996 Legal Regulation of Domestic Work Unorganised Workers’ Social Security Act, 2008 Nationalism, New Economic Policies and Female Migrants Acknowledgement Notes References Cases Part III Property, Dispossessions, and Spatial Justice 10 ‘Bargaining’, Gender Equality and Legal Change: The Case of India’s Inheritance Laws Bargaining with the State: an Analytical Framework Inheritance Laws Before and Under the HSA, 1956 Unequal shares Agricultural land Formulation of the Hindu Succession Act, 1956 Bargaining Power: The Enabling Factors Acting as a group, and the group’s size and cohesiveness Support from the State Support from civil society groups, social reformers, etc. Entrenched property and political structures Social perceptions Social norms Contemporary Efforts at Reforming Inheritance Laws The Pre-December 2004 Situation Acting as a group, and the group’s size and cohesiveness Support from the State Support from civil society groups Entrenched property and political structures Social perceptions and social norms Developments since December 2004 In Conclusion Acknowledgements Notes References 11 Production of Space in Urban India: Legal and Policy Challenges to Land Assembly Introduction Land Records in Urban India Individual-led Forms of Producing Spaces State-led Modes of Producing Urban Spaces Conclusion Notes References 12 Rural Civilities: Caste, Gender, and Public Life in Kerala Is there an Indian Public? Multiple Publics, Gender, Caste Civility, gender, and space Progressive Civility The rural library Private-Publics Conclusion Acknowledgements Funding Notes Bibliography 13 The New Technologies and the Constitution of ‘Theft’ I PR Law and the Real World of Computer Viruses The Right to Property The Strange Case of Digital Sampling Grey Zones of Copyright in India Can Culture be Copyrighted? Notes References 14 The Geographical Indications Act: Place Matters Registration of Geographical Indications Goods Growth and Spatial Distribution Classification of Geographical Indications Nomenclature for Geographical Indications Difference between Goods from a Place and Place Goods Reference