ISBN 9780761936657,Challenging The Rules(s) of Law : Colonialism, Criminology and Human Rights in India

Challenging The Rules(s) of Law : Colonialism, Criminology and Human Rights in India


SAGE India



SAGE India

Publication Year 2008

ISBN 9780761936657

ISBN-10 0761936653

Hard Back

Number of Pages 512 Pages
Language (English)


This rare comprehensive critique of criminology in India brings together widely respected activists, advocates, bureaucrats, scholars and practitioners who share their concerns about the Indian criminal justice system through an interdisciplinary lens and discuss the need to entrench human rights in Indian polity. It is a significant step towards mapping the ways in which interdisciplinary research and human rights activism might inform legal praxis more effectively and holistically. Challenging the Rule(s) of Law: Colonialism, Criminology and Human Rights in India contests unproblematic assumptions of the rule of law and opens out avenues for a renewed and radical study of criminal law in the country. The collection looks at the problem of criminal law from the early colonial period to the present, examining the problem of overt violence by state actors and their compliance with dominant private actors. It calls into question the denial by the state of the wherewithal for bare life, which compounds people?s vulnerability to a repressive rule of law. This work is a must read for students, researchers and faculty of Law, Criminal Law, Criminology, Legal History, Human Rights, Sociology of Law and Colonial History. It will also be invaluable for law historians, legal scholars and policy makers, especially the judiciary. Table of Contents Acknowledgements Introduction KALPANA KANNABIRAN and RANBIR SINGH I: THE CONSTRUCTION OF CRIME AND CRIMINALITY Laws of Metamorphosis: From Nomad to Offender MEENA RADHAKRISHNA Victims and Villains: The Construction of Female Criminality in Colonial Calcutta SUMANTA BANERJEE/-/`That Despicable Specimen of Humanity?: Policing of Homosexuality in India ARVIND NARRAIN Sexual Assault and the Law KALPANA KANNABIRAN II: VULNERABILITY, GOVERNANCE AND THE LAW Social Exclusion and Criminal Law S R SANKARAN Building a Subaltern Women?s Perspective JAYSHREE P MANGUBHAI and ALOYSIUS IRUDAYAM S J Whose Life is it Anyway? Adivasi Communities and Entitlements to Life SEEMA MISRA Preserving Wellness and Personhood: A Psychosocial Approach to the Child SHEKHAR SESHADRI and KAVERI I HARITAS III: LEGISLATING THE ?OTHER? AND THE ?EXTRAORDINAIRE? Penal Strategies and Political Resistance in Colonial and Independent India UJJWAL KUMAR SINGH Communities, Gender, and the Border: A Legal Narrative on India?s North East PAULA BANERJEE Parens Patriae: Exercising Patriarchal Prerogative in Post-Partition India RITU MENON IV: SOCIAL ORDERING OF THE ?LEGAL? Law and Life in the State of Nature: Archiving Stories from Legal Literacy ABHA SINGHAL JOSHI Revisiting Impunity and Criminality: Of Corruption, Collusion, Consequences and Victims VIJAY K NAGARAJ Khap Panchayats in Haryana: Sites of Legal Pluralism KHAZAN SINGH V: HUMAN RIGHTS AND CRIMINAL JURISPRUDENCE Crimes, Passion, and Detachment: Colonial Foundations of Rule of Law RANABIR SAMADDAR Conspiracies of Association: Associational Offences, Associational Freedoms and the Rule of Law K G KANNABIRAN Of Strong Medicine and Weak Stomachs: The Resort to Enhanced Punishment in Criminal Law in India BIKRAM JEET BATRA The Contexts of Criminology: A Brief Re-statement KALPANA KANNABIRAN Index