Changing Concepts of Rights and Justice in South Asia


Book Description

This volume explores the relations between custom, law, and social change. International contributors discuss past beliefs and practices, as well as present day controversies, focusing particularly on the moral justification of religious laws and current social problems in India and Sri Lanka.




Changing Concepts of Rights and Justice in South Asia


Book Description

This volume explores the relations between custom, law, and social change. International contributors discuss past beliefs and practices, as well as present day controversies, focusing particularly on the moral justification of religious laws and current social problems in India and Sri Lanka.




Inclusive Development in South Asia


Book Description

This book examines the multi-layered aspects and the complexities of inclusive development in South Asia based on recent data and using innovative methodology. The book offers an analysis of the existing ground realities in terms of economic and inclusive development, presenting relevant discussion and findings. It discusses lower castes, tribes, religious/ethnic minorities, and other socially vulnerable people, as well as gender, rural–urban, and educational disparities in South Asia, and highlights that all these issues are interrelated. Structured in two parts—Spatial Dimensions, Labour, and Migration, and Social Dimensions and Beyond Inclusion—the chapters present emerging new concepts related to socio-economic and inclusive development and use effective and valid methods and methodology covering the ground realities-based information and secondary data-based analysis. Evaluating the extent to which inclusive development has been realised in South Asia, the contributors explore a new approach towards the concept of ‘inclusiveness’ by drawing on the experiences of the diverse societies in South Asia. An immensely useful contribution to the analysis of different economic and social issues in different countries in South Asia, focusing on inclusivity, this book will be of interest to researchers working on South Asian Politics and Development Economics.




Criminal Sentencing in Bangladesh


Book Description

In Criminal Sentencing in Bangladesh, Muhammad Mahbubur Rahman critically examines the sentencing policies of Bangladesh and demonstrates that the country’s sentencing policies are not only yet to be developed in a coherent manner and shaped with an appropriate and contextual balance, but also remain part of the problem rather than part of the solution. The author forcefully argues that the conception of ‘sentencing policies’ cannot and should not always be confined exclusively to institutional understandings. The typical realities of post-colonial societies call for rethinking the traditional judiciary-centred understanding of what is meant by criminal sentences. This book thus raises the question for theoretical sentencing scholarship whether the prevailing judiciary-centred understanding of sentencing should be rethought.




Empire and Ecology in the Bengal Delta


Book Description

What happens when a distant colonial power tries to tame an unfamiliar terrain in the world's largest tidal delta? This history of dramatic ecological changes in the Bengal Delta from 1760 to 1920 involves land, water and humans, tracing the stories and struggles that link them together. Pushing beyond narratives of environmental decline, Bhattacharyya argues that 'property-thinking', a governing tool critical in making land and water discrete categories of bureaucratic and legal management, was at the heart of colonial urbanization and the technologies behind the draining of Calcutta. The story of ecological change is narrated alongside emergent practices of land speculation and transformation in colonial law. Bhattacharyya demonstrates how this history continues to shape our built environments with devastating consequences, as shown in the Bay of Bengal's receding coastline.




Unruly Figures


Book Description

The vibrant media landscape in the southern Indian state of Kerala, where kiosks overflow with magazines and colorful film posters line roadside walls, creates a sexually charged public sphere that has a long history of political protests. The 2014 “Kiss of Love” campaign garnered national attention, sparking controversy as images of activists kissing in public and dragged into police vans flooded the media. In Unruly Figures, Navaneetha Mokkil tracks the cultural practices through which sexual figures—particularly the sex worker and the lesbian—are produced in the public imagination. Her analysis includes representations of the prostitute figure in popular media, trajectories of queerness in Malayalam films, public discourse on lesbian sexuality, the autobiographical project of sex worker and activist Nalini Jameela, and the memorialization of murdered transgender activist Sweet Maria, showing how various marginalized figures stage their own fractured journeys of resistance in the post-1990s context of globalization. By bringing a substantial body of Malayalam-language literature and media texts on gender, sexuality, and social justice into conversation with current debates around sexuality studies and transnational feminism in Asian and Anglo-American academia, Mokkil reorients the debates on sexuality in India by considering the fraught trajectories of identity and rights.




Merchants of Virtue


Book Description

A free ebook version of this title is available through Luminos, University of California Press’s Open Access publishing program. Visit www.luminosoa.org to learn more. Winner of the 2022 Joseph W. Elder Prize in the Indian Social Sciences Merchants of Virtue explores the question of what it meant to be Hindu in precolonial South Asia. Divya Cherian presents a fine-grained study of everyday life and local politics in the kingdom of Marwar in eighteenth-century western India to uncover how merchants enforced their caste ideals of vegetarianism and bodily austerity as universal markers of Hindu identity. Using legal strategies and alliances with elites, these merchants successfully remade the category of “Hindu,” setting it in contrast to “Untouchable” in a process that reconfigured Hinduism in caste terms. In a history pertinent to understanding India today, Cherian establishes the centrality of caste to the early-modern Hindu self and to its imagination of inadmissible others.




Ideology and Empire in Eighteenth-Century India


Book Description

Robert Travers' analysis of British conquests in late eighteenth-century India shows how new ideas were formulated about the construction of empire. After the British East India Company conquered the vast province of Bengal, Britons confronted the apparent anomaly of a European trading company acting as an Indian ruler. Responding to a prolonged crisis of imperial legitimacy, British officials in Bengal tried to build their authority on the basis of an 'ancient constitution', supposedly discovered among the remnants of the declining Mughal Empire. In the search for an indigenous constitution, British political concepts were redeployed and redefined on the Indian frontier of empire, while stereotypes about 'oriental despotism' were challenged by the encounter with sophisticated Indian state forms. This highly original book uncovers a forgotten style of imperial state-building based on constitutional restoration, and in the process opens up new points of connection between British, imperial and South Asian history.




The Family in Law


Book Description

The Family in Law provides a jurisprudential analysis of current family law, connecting doctrinal discourse with sociological, historical and economic analyses of the institution of family. The law's focus on the nuclear family as the default model is central to the book's discourse, which contains in-depth discussions of the key areas of family law - marriage, divorce, children and property matters. Written for Australian legal actors - whether students, academics or professionals - readers are encouraged to question current frameworks, critique well-known cases and make informed conclusions on whether changes could be made to engender a fairer and more equitable society. In developing doctrinal analysis within a theoretical framework, The Family in Law challenges the conventional boundaries of family law, providing readers with both a solid foundation and a multi-layered perspective to their understanding of the topic.




India and the British Empire


Book Description

South Asian History has enjoyed a remarkable renaissance over the past thirty years. Its historians are not only producing new ways of thinking about the imperial impact and legacy on South Asia, but also helping to reshape the study of imperial history in general. The essays in this collection address a number of these important developments, delineating not only the complicated interplay between imperial rulers and their subjects in India, but also illuminating the economic, political, environmental, social, cultural, ideological, and intellectual contexts which informed, and were in turn informed by, these interactions. Particular attention is paid to a cluster of binary oppositions that have hitherto framed South Asian history, namely colonizer/colonized, imperialism/nationalism, and modernity/tradition, and how new analytical frameworks are emerging which enable us to think beyond the constraints imposed by these binaries. Closer attention to regional dynamics as well as to wider global forces has enriched our understanding of the history of South Asia within a wider imperial matrix. Previous impressions of all-powerful imperialism, with the capacity to reshape all before it, for good or ill, are rejected in favour of a much more nuanced image of imperialism in India that acknowledges the impact as well as the intentions of colonialism, but within a much more complicated historical landscape where other processes are at work.