Contesting Justice In South Asia

A first of its kind, Contesting Justice in South Asia provides a series of case studies from South Asia that detail the quest for justice, the links that can be drawn from different countries in the region and the points of contact and divergences in the enunciation and practice of law. A second theme that runs through the book discusses the corrosive and affective power of violence in its ability to forge new solidary groups and communities. This is the first serious attempt by activists and scholars to think of South Asia as a region bound together through war and collective violence. It will be an invaluable read for postgraduate students and scholars of law and society, political philosophy, sociology and anthropology of violence, history and memory as well as political activists and government departments.

An innovative collection of essays on the turmoil spreading across South Asia, Contesting Nation sheds light on how violence--in wars of direct and indirect conquest--marks the present. Featuring contributions by distinguished South Asian women scholars, the book offers inspired, gendered, and contested histories of the present, exploring nation-making and its intersections with projects of militarization and cultural assertion, modernization, and globalization. The contributors to this volume consider such turbulent events as the Gujarat carnage of 2002, post-9/11 mobilizations, and the wars in Afghanistan and Iraq, shedding light on the force with which brutal events encompass lives and disfigure communities. This powerful book examines the very borders such brutality maintains and its intimate and lasting effects on bodies and memories.

Offering a comparative case study of transitional justice processes in Afghanistan and Nepal, this book critically evaluates the way the "local" is consulted in post-conflict efforts toward peace and reconciliation. It argues that there is a tendency in transitional justice efforts to contain the discussion of the "local" within religious and cultural parameters, thus engaging only with a "static local," as interpreted by certain local stakeholders. Based on data collected through interviews and participant observation carried out in the civil societies of the respective countries, this book brings attention to a "dynamic local," where societal norms evolve, and realities on the ground are shaped by shifting power dynamics, local hierarchies, and inequalities between actors. It suggests that the "local" must be understood as an inter-subjective concept, the meaning of which is not only an evolving and moving target, but also dependent on who is consulted to interpret it to external actors. This timely book engages with the divergent range of civil society voices and offers ways to move forward by including their concerns in the efforts to help impoverished war-torn societies transition from a state of war to the conditions of peace.

An innovative collection of essays on events and dynamics across South Asia, this volume addresses how violence marks the present in wars of direct and indirect conquest. Anti-colonial struggles that achieved independence to form postcolonial nation-states have consolidated themselves through prodigious violence that defines and disfigures communities and futures. This book examines the very borders such brutality enshrines and its intimate inscriptions upon bodies and memories, examining the performance of gendered violence through the spectacular and in everyday life, through wars, nationalisms and displacements. Women in and of South Asia offer inspired, gendered and contested histories of the discontinuous present, excavating nation-making and its intersections with projects of militarisation and cultural assertion, modernisation and globalisation, noting how Gujarat, post-9/11 mobilisations, and the war on Afghanistan and Iraq by Empire, signify the rapidity with which brutal events continue to encompass lives and cultures globally. Published by Zubaan.

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.

Taken together, the essays suggest that we must consider a much wider range of socio-cultural practices if we wish to understand how the world of dominated groups is constrained, modified, and conditioned by power relations. Identifying the "everydayness" of resistance in social life thus reveals a social structure formed from a constellation of contradictory and contestatory processes, rather than a seamless, functional whole. At the same time, struggle is portrayed as something that is constantly being conditioned by the structures of social and political power. As the editors note, "neither domination nor resistance is autonomous; the two are entangled together so that it becomes difficult to analyze one without discussing the effects of the other."

A volume of essays on how justice has been denied in various parts of South Asia – India, Pakistan, Bangladesh, Sri Lanka, Nepal.

Riots, rebellions, and revolutions have always captured our attention. But moments of upheaval do not contrast as strongly with "normal" times as many social historians, sociologists, and political scientists have assumed. Offering examples from South Asia, these essays examine subtle forms of the "everyday resistance" and varieties of the everyday use of power that mark the patterns of ordinary life in the region. These essays are part of a larger effort to understand the history of subordination in India. They focus on peasants and urban laborers, courtesans and merchants, sometimes employing unconventional sources and methods. By depicting a rich variety of non-confrontational forms of resistance and contestatory behaviors, the authors challenge our usual assumptions about the overt nature of resistance to dominant powerholders. Taken together, the essays suggest that we must consider a much wider range of socio-cultural practices if we wish to understand how the world of dominated groups is constrained, modified, and conditioned by power relations. Identifying the "everydayness" of resistance in social life thus reveals a social structure formed from a constellation of contradictory and contestatory processes, rather than a seamless, functional whole. At the same time, struggle is portrayed as something that is constantly being conditioned by the structures of social and political power. As the editors note, "neither domination nor resistance is autonomous; the two are entangled together so that it becomes difficult to analyze one without discussing the effects of the other".

This book is an analysis of nationbuilding processes, and how these are closely linked to statebuilding and to issues of war crimes, gender and sexuality, and marginalization of minority groups. Using a historical approach, the author focuses on the Indian subcontinent to address the issue.

This book offers an overview of the history and development of civil society in three major nations of South Asia – Pakistan, India and Bangladesh – from colonial times to the present. It examines the liberalization of civil society since the 1980s, the needs it created for civil action, the professionalization of civil society organizations, and the extent to which civil society may benefit society at large in the context of local, national and global transformations in the economy, political regime and ideology. The reader will find new insights on the interaction between the liberalization of multifaceted civil societies in the three countries, presenting contrasts such as restrictions put on women’s organizations or labour unions and acceptance of religious organizations’ activities. The volume looks at forms of transfer of civil society models, representation and democratic legitimacy of civil society organizations such as nongovernmental organizations, government organized NGOs and faith-based organizations, along with the structuring of civil society through legal frames as well as female, religious, and ethnic mobilizations around language and literature. Using wide-ranging empirical data and theoretical analyses, it deals with civil society issues relating to human rights and political challenges, justice, inequality, empowerment, and the role of bureaucracy, women’s movements, and ethnic and linguistic minorities. It also presents early responses to the Covid-19 crisis in 2020 which created significant pressure on the states and on civil society. This book will be useful to scholars and researchers of political studies, development studies, sociology, public policy and governance, law and human rights, as also to professionals in think tanks, civil society activists and NGOs.