Criminal Justice India Series


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Conflicted Democracies and Gendered Violence


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The Sexual Violence and Impunity in South Asia research project (coordinated by Zubaan and supported by the International Development Research Centre) brings together, for the first time in the region, a vast body of research on this important - yet silenced - subject. Six country volumes (one each on Bangladesh, Nepal, Pakistan, Sri Lanka, and two on India, as well as two standalone volumes) comprising over fifty research papers and two book-length studies, detail the histories of sexual violence and look at the systemic, institutional, societal, individual and community structures that work together to perpetuate impunity for perpetrators. The essays in this volume focus on Nepal, which though not directly colonized, has not remained immune from the influence of colonialism in its neighbourhood. In addition to home-grown feudal patriarchal structures, the writers in this volume clearly demonstrate that it is the larger colonial and post-colonial context of the subcontinent that has enabled the structuring of inequalities and power relations in ways that today allow for widespread sexual violence and impunity in the country - through legal systems, medical regimes and social institutions. The period after the 1990 democratic movement, the subsequent political transformation in the aftermath of the Maoist insurgency and the writing of the new constitution, has seen an increase in public discussion about sexual violence. The State has brought in a slew of legislation and action plans to address this problem. And yet, impunity for perpetrators remains intact and justice elusive. What are the structures that enable such impunity? What can be done to radically transform these? How must States understand the search for justice for victims and survivors of sexual violence? The essays in this volume attempt to trace a history of sexual violence in Nepal, look at the responses of women's groups and society at large, and suggest how this serious and wide-ranging problem may be addressed.




Criminal Sentencing in Bangladesh


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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.




Criminal Justice and Supreme court


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Ruling the Savage Periphery


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A provocative case that “failed states” along the periphery of today’s international system are the intended result of nineteenth-century colonial design. From the Afghan frontier with British India to the pampas of Argentina to the deserts of Arizona, nineteenth-century empires drew borders with an eye toward placing indigenous people just on the edge of the interior. They were too nomadic and communal to incorporate in the state, yet their labor was too valuable to displace entirely. Benjamin Hopkins argues that empires sought to keep the “savage” just close enough to take advantage of, with lasting ramifications for the global nation-state order. Hopkins theorizes and explores frontier governmentality, a distinctive kind of administrative rule that spread from empire to empire. Colonial powers did not just create ad hoc methods or alight independently on similar techniques of domination: they learned from each other. Although the indigenous peoples inhabiting newly conquered and demarcated spaces were subjugated in a variety of ways, Ruling the Savage Periphery isolates continuities across regimes and locates the patterns of transmission that made frontier governmentality a world-spanning phenomenon. Today, the supposedly failed states along the margins of the international system—states riven by terrorism and violence—are not dysfunctional anomalies. Rather, they work as imperial statecraft intended, harboring the outsiders whom stable states simultaneously encapsulate and exploit. “Civilization” continues to deny responsibility for border dwellers while keeping them close enough to work, buy goods across state lines, and justify national-security agendas. The present global order is thus the tragic legacy of a colonial design, sustaining frontier governmentality and its objectives for a new age.