State Violence and Punishment in India


Book Description

Exploring violent confrontation between the state and the population in colonial and postcolonial India, this book is both a study of the ways in which governments in India used collective coercion and state violence against the population, and a cultural history of how acts of state violence were interpreted by the population.




Colonial Terror


Book Description

Focusing on India between the early nineteenth century and the First World War, Colonial Terror explores the centrality of the torture of Indian bodies to the law-preserving violence of colonial rule and some of the ways in which extraordinary violence was embedded in the ordinary operation of colonial states. Although enacted largely by Indians on Indian bodies, particularly by subaltern members of the police, the book argues that torture was facilitated, systematized, and ultimately sanctioned by first the East India Company and then the Raj because it benefitted the colonial regime, since rendering the police a source of terror played a key role in the construction and maitenance of state sovereignty. Drawing upon the work of both Giorgio Agamben and Michel Foucault, Colonial Terror contends, furthermore, that it is only possible to understand the terrorizing nature of the colonial police in India by viewing colonial India as a 'regime of exception' in which two different forms of exceptionality were in operation - one wrought through the exclusion of particular groups or segments of the Indian population from the law and the other by petty sovereigns in their enactment of illegal violence in the operation of the law. It was in such fertile ground, in which colonial subjects were both included within the domain of colonial law while also being abandoned by it, that torture was able to flourish.




State, Violence, and Legitimacy in India


Book Description

How do people respond to a state that is violent towards its own citizens? In State, Violence, and Legitimacy in India, this question is addressed through insights offered by ethnographic explorations of everyday policing in Delhi and the anti-insurgency measures of the Indian army in Lakhipathar village in Assam. Battling the dominant understanding of the inverse connect between state legitimacy and use of violence, Santana Khanikar argues that use of violence does not necessarily detract from the legitimacy of the modern territorial nation-state. Based on extensive research of two sites, the book develops a narrative of how two facets of state violence, one commonly understood to be for routine maintenance of law and order and the other to be of extraordinary need for maintaining unity and integrity of the nation-state, often produce comparable responses. The book delves into the debates surrounding state–citizen relationship in India, while critically engaging with dominant notions of state legitimacy and its relation with use of violence by the state.




Political Violence in Ancient India


Book Description

Mahatma Gandhi and Jawaharlal Nehru helped create the myth of a nonviolent ancient India while building a modern independence movement on the principle of nonviolence (ahimsa). But this myth obscures a troubled and complex heritage: a long struggle to reconcile the ethics of nonviolence with the need to use violence to rule. Upinder Singh documents the dynamic tension between violence and nonviolence in ancient Indian political thought and practice over twelve hundred years. Political Violence in Ancient India looks at representations of kingship and political violence in epics, religious texts, political treatises, plays, poems, inscriptions, and art from 600 BCE to 600 CE. As kings controlled their realms, fought battles, and meted out justice, intellectuals debated the boundary between the force required to sustain power and the excess that led to tyranny and oppression. Duty (dharma) and renunciation were important in this discussion, as were punishment, war, forest tribes, and the royal hunt. Singh reveals a range of perspectives that defy rigid religious categorization. Buddhists, Jainas, and even the pacifist Maurya emperor Ashoka recognized that absolute nonviolence was impossible for kings. By 600 CE religious thinkers, political theorists, and poets had justified and aestheticized political violence to a great extent. Nevertheless, questions, doubt, and dissent remained. These debates are as important for understanding political ideas in the ancient world as for thinking about the problem of political violence in our own time.




Colonial Justice in British India


Book Description

Colonial Justice in British India describes and examines the lesser-known history of white violence in colonial India. By foregrounding crimes committed by a mostly forgotten cast of European characters - planters, paupers, soldiers and sailors - Elizabeth Kolsky argues that violence was not an exceptional but an ordinary part of British rule in the subcontinent. Despite the pledge of equality, colonial legislation and the practices of white judges, juries and police placed most Europeans above the law, literally allowing them to get away with murder. The failure to control these unruly whites revealed how the weight of race and the imperatives of command imbalanced the scales of colonial justice. In a powerful account of this period, Kolsky reveals a new perspective on the British Empire in India, highlighting the disquieting violence that invariably accompanied imperial forms of power.




The Insecurity State


Book Description

A provocative examination of how the British colonial experience in India was shaped by chronic unease, anxiety, and insecurity.




Gentlemanly Terrorists


Book Description

Durba Ghosh uncovers the critical place of revolutionary terrorism in the colonial and postcolonial history of modern India.




Transnational Torture


Book Description

"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.




The Feminist War on Crime


Book Description

Many feminists grapple with the problem of hyper-incarceration in the United States, and yet commentators on gender crime continue to assert that criminal law is not tough enough. This punitive impulse, prominent legal scholar Aya Gruber argues, is dangerous and counterproductive. In their quest to secure women’s protection from domestic violence and rape, American feminists have become soldiers in the war on crime by emphasizing white female victimhood, expanding the power of police and prosecutors, touting the problem-solving power of incarceration, and diverting resources toward law enforcement and away from marginalized communities. Deploying vivid cases and unflinching analysis, The Feminist War on Crime documents the failure of the state to combat sexual and domestic violence through law and punishment. Zero-tolerance anti-violence law and policy tend to make women less safe and more fragile. Mandatory arrests, no-drop prosecutions, forced separation, and incarceration embroil poor women of color in a criminal justice system that is historically hostile to them. This carceral approach exacerbates social inequalities by diverting more power and resources toward a fundamentally flawed criminal justice system, further harming victims, perpetrators, and communities alike. In order to reverse this troubling course, Gruber contends that we must abandon the conventional feminist wisdom, fight violence against women without reinforcing the American prison state, and use criminalization as a technique of last—not first—resort.




Lynching and Local Justice


Book Description

What are the social and political consequences of poor state governance and low state legitimacy? Under what conditions does lynching – lethal, extralegal group violence to punish offenses to the community – become an acceptable practice? We argue lynching emerges when neither the state nor its challengers have a monopoly over legitimate authority. When authority is contested or ambiguous, mass punishment for transgressions can emerge that is public, brutal, and requires broad participation. Using new cross-national data, we demonstrate lynching is a persistent problem in dozens of countries over the last four decades. Drawing on original survey and interview data from Haiti and South Africa, we show how lynching emerges and becomes accepted. Specifically, support for lynching most likely occurs in one of three conditions: when states fail to provide governance, when non-state actors provide social services, or when neighbors must rely on self-help.