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The Truth Machines
Using case studies and the results of extensive fieldwork, this book considers the nature of state power and legal violence in liberal democracies by focusing on the interaction between law, science, and policing in India. The postcolonial Indian police have often been accused of using torture in both routine and exceptional criminal cases, but they, and forensic psychologists, have claimed that lie detectors, brain scans, and narcoanalysis (the use of “truth serum,” Sodium Pentothal) represent a paradigm shift away from physical torture; most state high courts in India have upheld this rationale. The Truth Machines examines the emergence and use of these three scientific techniques to a...
Transnational Torture
"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...
Colonial Terror
This title explores the legal role of torture and other violence as it was used in colonial ruling. It rigorously attempts to theorize the nature of this violence, including its materiality and its effects on the bodies of the colonized, and those who perpetrated it. This book provides a full examination of the history of torture in colonial India.
Does Torture Prevention Work?
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Mobilizing the Marginalized
India's over 200 million Dalits, once called "untouchables," have been mobilized by social movements and political parties, but the outcomes of this mobilization are puzzling. Dalits' ethnic parties have performed poorly in elections in states where movements demanding social equality have been strong while they have succeeded in states where such movements have been entirely absent or weak. In Mobilizing the Marginalized, Amit Ahuja demonstrates that the collective action of marginalized groups--those that are historically stigmatized and disproportionately poor ED is distinct. Drawing on extensive original research conducted across four of India's largest states, he shows, for the marginalized, social mobilization undermines the bloc voting their ethnic parties' rely on for electoral triumph and increases multi-ethnic political parties' competition for marginalized votes. He presents evidence showing that a marginalized group gains more from participating in a social movement and dividing support among parties than from voting as a bloc for an ethnic party.
Sedition in Liberal Democracies
Examining the relationship between sedition and liberal democracies, particularly in India, this book looks at the biography of sedition laws, its contradictory position against free speech, and democratic ethics. Recent sedition cases registered in India show that the law in its wide and diverse deployment was used against agitators in a community-based pro-reservation movement, group of university students for their alleged ‘anti-national’ statements, anti-liquor activists, and anti-nuclear movement, to name a few. Set against its contemporary use, this book has used sedition as a lens to probe the fate of political speech in liberal democracy. The lived reality of the law of sedition in changing anthropological sites is juxtaposed with its positivist existence. Anushka Singh uses a comparative framework keeping in focus the Indian experience backed by fieldwork in Haryana, Maharashtra, and Delhi, and includes a comparative perspective from England, the USA, and Australia to contribute to debates on sedition within liberal democracies at large, especially in the wake of the proliferation of counter-terror legislations.
Laws and Societies in Global Contexts
This text promotes a more global sociolegal perspective that engages with multiple laws and societies and diverse sociolegal systems based on very different historical and cultural traditions, interacting on multiple local, national, and global levels. The approach to global legal pluralism seeks to provide a framework for envisioning new global governance regimes that move beyond state-based solutions to deal with trenchant transnational challenges.
Decriminalizing Domestic Violence
Decriminalizing Domestic Violence asks the crucial, yet often overlooked, question of why and how the criminal legal system became the primary response to intimate partner violence in the United States. It introduces readers, both new and well versed in the subject, to the ways in which the criminal legal system harms rather than helps those who are subjected to abuse and violence in their homes and communities, and shares how it drives, rather than deters, intimate partner violence. The book examines how social, legal, and financial resources are diverted into a criminal legal apparatus that is often unable to deliver justice or safety to victims or to prevent intimate partner violence in t...
The Language of Secular Islam
During the turbulent period prior to colonial India’s partition and independence, Muslim intellectuals in Hyderabad sought to secularize and reformulate their linguistic, historical, religious, and literary traditions for the sake of a newly conceived national public. Responding to the model of secular education introduced to South Asia by the British, Indian academics launched a spirited debate about the reform of Islamic education, the importance of education in the spoken languages of the country, the shape of Urdu and its past, and the significance of the histories of Islam and India for their present. The Language of Secular Islam pursues an alternative account of the political disagr...
The Making of Neoliberal India
This is an ambitious study of gender and politics in India, and will be of interest to scholars of women's studies, globalization, postcolonialism, geography, media studies, and cultural studies, as well as India more generally.
