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Law and Democracy in Contemporary India

Constitution, Contact Zone, and Performing Rights

Palgrave Macmillan
  • Analyses ‘institutionalization from above’ and ‘institutionalization from below,’ moving away from insitution-orientated approaches
  • Brings together work from political scientist, sociologists and anthropologists
  • Speaks to contemporary concerns about the limitations and challenges of rights legislated over the last two decades in India and South Asia

Part of the book series: Human Rights Interventions (HURIIN)

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About this book

This book analyses legal orders, actors and democracy in contemporary India, with a particular focus on the everyday contexts and dynamics of human rights, citizenship and socio-economic rights and laws.

The contributions explore both ‘institutionalization from above’, where the judiciary and legislative body aim to govern people, and ‘institutionalization from below’, where the governed attempt to expand their substantive rights embedded within their everyday lives. This analysis identifies contact zones between the two directions, which act as spaces for democratic participation and negotiation. Such a perspective should be useful to both those who are interested in Indian politics, and anthropologists and sociologists working on dynamics of laws and rights.

Reviews

“This excellent volume is most topical given the challenges the rule of law is facing in India today. It offers a comprehensive and up to date analysis of the judiciary’s functioning, with special references to its fragile independence, and the status of human rights. While in the 2000s Indians got new rights, like the Right to Information, their enforcement has become more precarious, especially in the case minorities and Dalits (ex-Untouchables) on which the book focuses.” (Christophe Jaffrelot, CERI-Sciences Po/Centre National de la Recherche Scientifique, Paris, and King's College, London)

“This book provides new insights into the dynamic interaction between the legal order and its institutionalisation through people’s everyday human rights practices. It is a useful addition to our understanding of the ways in which the struggles for rights by diverse populations in India activate democracy and the rule of law.” (Jayshree Mangubhai, Senior Human Rights Adviser, the Pacific Community (SPC), Fiji)

“Law and Democracy in Contemporary India is an outstanding interdisciplinary contribution to our understanding of the complicated and often ambiguous relationship between justice-seeking, governance, and cultural conflict. The editors have assembled a compelling group of anthropologists, sociologists, and political scientists in order to unpack some of the most critical questions confronting the ‘world’s largest democracy.’ The collective result sheds new light on how legal forms and logics emerge through the interplay between what the editors describe as ‘institutionalisation from above’ and ‘institutionalisation from below.’” (Mark Goodale, Professor of Cultural and Social Anthropology, University of Lausanne, Switzerland)

Editors and Affiliations

  • Shizuoka University, Shizuoka, Japan

    Tatsuya Yamamoto

  • Toyo University, Tokyo, Japan

    Tomoaki Ueda

About the editors

Tatsuya Yamamoto is Associate Professor at Shizuoka University, Japan. His research focuses on issues concerning citizenship among Tibetan youth and their identification through Tibetan music and dance.

Tomoaki Ueda is Associate Professor at Toyo University, Japan. He studies nationalist movements in colonial India and party politics in contemporary India.

Bibliographic Information

Buy it now

Buying options

eBook USD 109.00
Price excludes VAT (USA)
  • Available as EPUB and PDF
  • Read on any device
  • Instant download
  • Own it forever
Hardcover Book USD 139.99
Price excludes VAT (USA)
  • Durable hardcover edition
  • Dispatched in 3 to 5 business days
  • Free shipping worldwide - see info

Tax calculation will be finalised at checkout

Other ways to access