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Political Prisoners in India
Confining itself to the peaks of anticolonial struggles and the popular resistance to the state in independent India, this book shows the political prisoners's view of the ruptures and continuities in the forms of repression, the nature of penal sanctions, and the legal political processes and discourses in colonial and independent India,
Election Commission of India
As the constitutional body that conducts elections, the Election Commission of India (ECI) has emerged as a trusted institution within the shared space of democracy in India. This process has, however, been a fraught one because of contestation over the ECI’s constitutional responsibility and the power of Parliament to make laws to govern electoral matters. This comprehensive monograph discusses the history of the ECI through a study of the measures it has adopted to ensure certainty of procedures in order to maintain the democratic uncertainty of electoral outcome. In this context, innovations such as the Model Code of Conduct have enhanced the rule-making powers of the ECI. Going beyond the ECI’s design and performance framework, Singh and Roy argue that changes in the nature of electoral contests and domination of political regimes have made the task of preserving electoral integrity and assuring its deliberative content a challenging one.
Preventive Detention of Terror Suspects
Preventive detention as a counter-terrorism tool is fraught with conceptual and procedural problems and risks of misuse, excess and abuse. Many have debated the inadequacies of the current legal frameworks for detention, and the need for finding the most appropriate legal model to govern detention of terror suspects that might serve as a global paradigm. This book offers a comprehensive and critical analysis of the detention of terror suspects under domestic criminal law, the law of armed conflict and international human rights law. The book looks comparatively at the law in a number of key jurisdictions including the USA, the UK, Israel, France, India, Australia and Canada and in turn compa...
Global Anti-Terrorism Law and Policy
This international work provides information on and analysis of anti-terrorism law and policy by top experts in the field.
Sovereign Anxiety
Studies sovereignty and law and argues that 'public order' laws are an expression of sovereign anxiety.
Surveillance, Counter-Terrorism and Comparative Constitutionalism
The decade after 11 September 2001 saw the enactment of counter-terrorism laws around the world. These laws challenged assumptions about public institutions, human rights and constitutional law. Those challenges are particularly apparent in the context of the increased surveillance powers granted to many law enforcement and intelligence agencies. This book brings together leading legal scholars in the field of counter-terrorism and constitutional law, and focuses their attention on the issue of surveillance. The breadth of topics covered in this collection include: the growth and diversification of mechanisms of mass surveillance, the challenges that technological developments pose for constitutionalism, new actors in the surveillance state (such as local communities and private organisations), the use of surveillance material as evidence in court, and the effectiveness of constitutional and other forms of review of surveillance powers. The book brings a strong legal focus to the debate surrounding surveillance and counter-terrorism, and draws important conclusions about the constitutional implications of the expansion of surveillance powers after 9/11.
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...
Indian Diaspora
Borders give rise to the line of division, the suffering of homelessness, and the loss of culture. The book masterfully ties together the stories of those who have been uprooted and have endured humiliating experiences abroad, as well as the voyage of Indian writers who were dispersed, including Jhumpa Lahiri, Kiran Desai and Chitra Banerjee Divakaruni. Moreover, the book bears witness to the disadvantaged and disgraced migrants, refugees, and exiles who have used their writing to highlight effectively the concerns related to migration.
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...
