Routledge Readings on Law and Social Justice: Dispossessions, Marginalities, Rights

Cover
Endorsement Page
Half-Title Page
Routledge Readings
Title Page
Copyright Page
Table of Contents
List of Contributors
Acknowledgements
Introduction: Exploring the Contours of Interdisciplinary Law
	Section 1: Law, Development, and Social Justice
		Representing Justice, Intersectionality, and Interpretive Communities
		States of Exception, Lawfare, and Self-Determination
		Vernacularization, Demosprudence, and Justice Claims
		Ecologies of Justice and Belonging
			Technology, Development, and Social Justice
	Section 2: Constitutions, Precarity, Dispossession
		Colonialism, Insurgency, Exodus, and the Constitution
			The Discourse on Terror
			Self-Rule, Satyagraha, and Annihilation of Caste
			Pandemic Governance
	The Gendered Habitations of Precarity
		Gender Plurality and Diversity
		Choice, Honour, and (Anticipation of) Violence
		Precarity – Livelihoods and Laws
		Disobedient Bodies
	Property, Dispossessions, and Spatial Justice
		Land, Women, and Property
		Urban and Rural Landscapes
		Dispossession, Knowledge, Emplacement
	Conclusion
	Notes
	Cases Cited
	References
Part I Colonialism, Insurgency, Exodus, and the Constitution
	1 Law and Terror in the Age of Constitution-Making
		I
		II
		III
		IV
		Acknowledgements
		Notes
		References
	2 The Gandhian Conception of the Constitution
		Hind Swaraj
		Aundh Experiment
		The Constitution of Aundh
		Solitary Experiment in Gandhian Philosophy
		Sriman Narayan’s Exposition of Gandhian Constitution
		Scientific Examination of Gandhian Philosophy
		New Definition of Ramrajya
		Function of the Panchayats
		Judiciary and Election System
		The Princely States and the Minority Question
		Taxation and National Wealth
		The Open Jail
		Acknowledgements
		Notes
	3 On the Fringe: The Tribal Laws
		Why Discuss Them?
		What is Tribal Law?
		Tribal Law as Customary Law
		India’s Tribal North-East
			The Texture of the Discourse
			The Specificity of the Tribal North-East
			The Evolution of the Justice System in the North-East
		The Plural Justice System
		The Codification Project
		The Issue of Women’s Rights
		Tribal Laws and Globalisation
		Note
		References
	4 Law, Rights, and Public Policy
		The Impact on Civil Liberties
		The Perception of Restricted Civil Liberties
		Free Speech and Fake News
		Privacy and Public Safety
		Governments and Fundamental Rights
		Notes
		References
Part II Gendered Habitations of Precarity
	5 The Trajectories of Work, Sexuality and Citizenship: The Rights of the Transgender in India
		State, Identity and Rights of Transgender People
		The Indian State and Rights to Sexuality: IPC S. 377
		The State and Transgender Citizens: Violation of Civil and Constitutional Rights
		Conclusion
		Notes
		Bibliography
	6 ‘Vimla to Pagal Hai!’ [Vimla is a Lunatic!]
		Notes
		References
	7 Legitimating Love: Tis Hazari and the Judicial Process
		‘Steel-proof’ Marriages
		Tis Hazari
		The process of court-marriage
		The role of the lawyers and touts
		Processes of social legitimation
		Note on court data
		Samina
		Rashmi
		Durga
		Legal and Social Ambivalence
		Notes
		References
	8 A Legal Framework to Prevent Trafficking of Women and Young Girls During Disasters in India
		Relationship between Disaster and Human Trafficking
		Modalities for Disaster Risk Reduction
		Combating Human Trafficking: International Dimensions
		Strong Constitution and Weak Enforcement in Combating Human Trafficking in India
		The DMA 2005 needs to resonate with women and girls
		A Way Forward: Combating HumanTrafficking in Women and Young Girls in the Context of Disaster
			Preparedness against trafficking
		Lessons from Vulnerabilities Encountered During Disasters
			Post-disaster stage
		Notes
		References
	9 Victims, Whores, and Wives: Migrant Women and the Law
		Moral Regulation of Migrant Women in and Through Law
		Sex Work and Anti-trafficking Interventions
		Economic Regulation of Migrant Women in and Through Law
		Organised Sector
			The Equal Remuneration Act, 1976 (ERA 1976)
			Maternity Benefits Act (MBA), 1961
		Unorganised Sector
			Interstate Migrant Workmen (Regulation of Employment and Conditions of Services Act (ISMWA), 1979
			Building and Other Construction Workers (Regulation of Employment and Conditions of Services) Act (BCWA), 1996
			Legal Regulation of Domestic Work
			Unorganised Workers’ Social Security Act, 2008
		Nationalism, New Economic Policies and Female Migrants
		Acknowledgement
		Notes
		References
		Cases
Part III Property, Dispossessions, and Spatial Justice
	10 ‘Bargaining’, Gender Equality and Legal Change: The Case of India’s Inheritance Laws
		Bargaining with the State: an Analytical Framework
		Inheritance Laws Before and Under the HSA, 1956
			Unequal shares
			Agricultural land
		Formulation of the Hindu Succession Act, 1956
		Bargaining Power: The Enabling Factors
			Acting as a group, and the group’s size and cohesiveness
			Support from the State
			Support from civil society groups, social reformers, etc.
			Entrenched property and political structures
			Social perceptions
			Social norms
		Contemporary Efforts at Reforming Inheritance Laws
			The Pre-December 2004 Situation
				Acting as a group, and the group’s size and cohesiveness
				Support from the State
				Support from civil society groups
				Entrenched property and political structures
				Social perceptions and social norms
			Developments since December 2004
		In Conclusion
		Acknowledgements
		Notes
		References
	11 Production of Space in Urban India: Legal and Policy Challenges to Land Assembly
		Introduction
		Land Records in Urban India
		Individual-led Forms of Producing Spaces
		State-led Modes of Producing Urban Spaces
		Conclusion
		Notes
		References
	12 Rural Civilities: Caste, Gender, and Public Life in Kerala
		Is there an Indian Public? Multiple Publics, Gender, Caste
			Civility, gender, and space
		Progressive Civility
			The rural library
		Private-Publics
		Conclusion
		Acknowledgements
		Funding
		Notes
		Bibliography
	13 The New Technologies and the Constitution of ‘Theft’
		I PR Law and the Real World of Computer Viruses
		The Right to Property
		The Strange Case of Digital Sampling
			Grey Zones of Copyright in India
			Can Culture be Copyrighted?
		Notes
		References
	14 The Geographical Indications Act: Place Matters
		Registration of Geographical Indications Goods
		Growth and Spatial Distribution
		Classification of Geographical Indications
		Nomenclature for Geographical Indications
		Difference between Goods from a Place and Place Goods
		Reference