Nation-state and Minority Rights in India


Book Description

The blood-laden birth-pangs of the Indian "nation-state" undoubtedly had a bearing on the contentious issue of group rights for cultural minorities. Indeed, the trajectory of the concept ‘minority rights’ evolved amidst multiple conceptualizations, political posturing and violent mobilizations and outbursts. Accommodating minority groups posed a predicament for the fledgling "nation-state" of post-colonial India. This book compares and contrasts Muslim and Sikh communities in pre- and post-Partition India. Mapping the evolving discourse on minority rights, the author looks at the overlaps between the Constitutional and the majoritarian discourse being articulated in the public sphere and poses questions about the guaranteeing of minority rights. The book suggests that through historical ruptures and breaks , communities oscillate between being minorities and nations. Combining archival material with ethnographic fieldwork, it studies the identity groups and their vexed relationship to the ideas of nation and nationalism. It captures meanings attributed to otherwise politically loaded concepts such as nation, nation-state and minority rights in the everyday world of Muslims and Sikhs and thus tries to make sense of the patterns of accommodation, adaptation and contestation in the life-world. Successfully confronting and illuminating the challenge of reconciling representation and equality both for groups and within groups, this exploration of South Asian nationalisms and communal relations will be of interest to academics in the field of South Asian Studies, in particular Sociology and Politics.







Discourse on Rights in India


Book Description

This book is a compelling examination of the theoretical discourse on rights and its relationship with ideas, institutions and practices in the Indian context. By engaging with the crucial categories of class, caste, gender, region and religion, it draws attention to the contradictions and contestations in the arena of rights and entitlements. The essays by eminent experts provide deep and nuanced insights on the intersecting issues and concerns of individual and group identities as well as their connection with the State along with its multifarious institutions and practices. The volume not only engages with the dilemmas emerging out of the rights discourse, but also sets out to recognize the significance of a shared commitment to a rights-based framework towards the promotion of justice and democracy in society. The book will be useful to academics, social scientists, researchers and policymakers. It will be of special interest to teachers and students in the fields of politics, development studies, philosophy, ethics, sociology, gender/women’s studies and social movements.




Promoting and Protecting Minority Rights


Book Description

"The present guide offers information related to norms and mechanisms developed to protect the rights of persons belonging to national, ethnic, religious or linguistic minorities. It includes detailed information about procedures and forums in which minority issues may be raised to minorities and by also covering selected specialized agencies and regional mechanisms, the present Guide complements information contained in Working with the United Nations Human Rights Programme: A Handbook for Civil Society"--Introduction.




Incitement on Trial


Book Description

This book explains why international criminal tribunals struggle to monitor inciting speech, and proposes a model of prevention and punishment.




Atrocity Speech Law


Book Description

This book is the first comprehensive study of the international law encompassing hate speech. Prof. Gordon provides a broad analysis of the entire jurisprudential output related to speech and gross human rights violations for courts, government officials, and scholars. The book is organized into three parts. The first part covers the foundation: a brief history of atrocity speech and the modern treatment of hate speech in international human rights treaties and judgments under international criminal tribunals. The second part focuses on fragmentation: detailing the inconsistent application of the charges and previous prosecutions, including certain categories of inflammatory speech and a growing doctrinal rift between the ICTR and ICTY. The last part covers fruition: recommendations on how the law should be developed going forward, with proposals to fix the problems with individual speech offenses to coalesce into three categories of offense: incitement, speech-abetting, and instigation.




Politics of Inclusion


Book Description

Post-Mandal, the demand for reservations by various groups has become a consistent feature of Indian politics. Yet, the focus remains on caste, with little attention paid to the under-representation of religious minorities in India. The book takes up the case of relative disadvantage and interogates the multiple and overlapping dimensions of deprivation. Hasan argues that, in view of the comparative evidence avaiable, presently excluded and disadvantaged groups should also qualify for affirmative action. This book will interest students and scholars of Indian politics, sociology, and history.




Nation-state and Minority Rights in India


Book Description

The blood-laden birth-pangs of the Indian "nation-state" undoubtedly had a bearing on the contentious issue of group rights for cultural minorities. Indeed, the trajectory of the concept ‘minority rights’ evolved amidst multiple conceptualizations, political posturing and violent mobilizations and outbursts. Accommodating minority groups posed a predicament for the fledgling "nation-state" of post-colonial India. This book compares and contrasts Muslim and Sikh communities in pre- and post-Partition India. Mapping the evolving discourse on minority rights, the author looks at the overlaps between the Constitutional and the majoritarian discourse being articulated in the public sphere and poses questions about the guaranteeing of minority rights. The book suggests that through historical ruptures and breaks , communities oscillate between being minorities and nations. Combining archival material with ethnographic fieldwork, it studies the identity groups and their vexed relationship to the ideas of nation and nationalism. It captures meanings attributed to otherwise politically loaded concepts such as nation, nation-state and minority rights in the everyday world of Muslims and Sikhs and thus tries to make sense of the patterns of accommodation, adaptation and contestation in the life-world. Successfully confronting and illuminating the challenge of reconciling representation and equality both for groups and within groups, this exploration of South Asian nationalisms and communal relations will be of interest to academics in the field of South Asian Studies, in particular Sociology and Politics.




State of the World’s Minorities and Indigenous Peoples 2016


Book Description

The unique cultures of minorities and indigenous peoples worldwide – spanning a wide variety of customs and practices – are under threat. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights the impact of land dispossession, forced assimilation and other forms of discrimination on the most fundamental aspects of their identity, including language, art, traditional knowledge and spirituality. But while the effects of this attrition can be devastating, minority and indigenous cultures have also been critical in strengthening communities and providing activists with a platform to fight for their rights. As this volume illustrates, ensuring that the cultural freedoms of minorities and indigenous peoples are protected is essential if their other rights are also to be respected.




Taking Sides


Book Description

One of the biggest challenges facing India today is the question of reservation for the nation’s minority communities. Although the Constitution of India affirms equal justice for all, the manner in which legislatures and courts operate often compromises justice in the name of political pragmatism. As a result, the voiceless and vulnerable members of society—Dalits, tribals, women and religious minorities—continue to be excluded and marginalized. Taking Sides outlines a credible roadmap to aid the quest for an inclusive and just society. Examining this churning debate from several points of view, Rudolf Heredia makes a persuasive argument for a justice premised on liberty, tempered by equality and moderated by fraternity—a justice beyond politics.