Indigeneity and Legal Pluralism in India

Parmar, Pooja

doi:10.1017/cbo9781139962896

Cited by 48 publications

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“…Instead, it was repealed and replaced with the 1999 Act which brought about two key changes. It exempted alienated lands that were less than five acres from the purview of restoration, and it promised a minimum of one acre and a maximum of five acres of alternative land to those who had less than an acre (Parmar, 2018). While the latter provision allowed landless Paniyas to be considered for land distribution, it excluded Adivasi households that had lost less than five acres.…”

Section: Adivasi Landlessnessmentioning

confidence: 99%

State Life: Land, Welfare and Management of the Landless in Kerala, India

Sudheesh

2023

Development and Change

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The pressing need to manage the spiralling number of landless people around the world has compelled several states to experiment with scattered land distribution programmes in combination with welfare transfers, instead of comprehensive land reform. This article examines the chasm between land demands and state responses in such contexts. Focusing on the Aralam resettlement site for the landless Adivasis in Kerala, India, it argues that management of the landless could take the form of ‘state life’ — a life envisaged by the state rather than the life the people wish to lead. Three interlinked processes are shown to shape state life in Kerala: the reduction of land to welfare, amplified welfare transfers and the mobilization of assumptions about the target population. State life enables states to extinguish simmering land struggles in the short term, but ultimately it reproduces landlessness.

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Section: Adivasi Landlessnessmentioning

confidence: 99%

State Life: Land, Welfare and Management of the Landless in Kerala, India

Sudheesh

2023

Development and Change

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“…Legal pluralism is therefore by no means a new phenomenon. In the context of continued colonialism and coloniality, legal pluralism means the parallel validity of indigenous nations’ equivalents of law on the one hand, and colonial states’ and settler colonial states’ law on the other hand (Jiménez Bartlett, 2008; Parmar, 2015; Thomas, 2016; Gebeye, 2017; Nursoo, 2018; Kapoco and Nojiri, 2019; Wolkmer, 2019).…”

Section: Identitymentioning

confidence: 99%

A poisoned Chalice: homophobia and codes of conduct

Poesche¹

2020

IJLMA

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Purpose The purpose of this paper is to develop an understanding of requirements for firms’ codes of conduct when addressing homophobia in the context of continued colonialism and coloniality. Design/methodology/approach This paper is a literature study. Findings First, occidental firms’ codes of conduct are shown to endanger indigenous homosexual individuals by endangering the protection offered by their indigenous ethics and society. Second, it is shown that tackling homophobia in firms’ codes of conduct on the foundation of occidental ethics forces homosexual individuals to conform to occidental homosexual identities in a world of a multitude of indigenous and hybrid homosexualities and identities render firms’ codes of conduct expressions of continued colonialism and coloniality. Third, a sole reliance on occidental conceptualizations of homophobia is shown to potentially camouflage unethical nationalistic and xenophobic intents. Research limitations/implications Additional research is needed on the dynamics of coexisting multiple indigenous homosexual identities, and reliable ways to determine the substance of indigenous homosexual identities need to be developed in the context of continued colonialism and coloniality. Practical implications Firms need to be cognizant of conflicting identities, hybrid identities and changing identities over time while avoiding to use purported protection against homophobia as a camouflage for nationalistic and xenophobic purposes. Social implications The paper ways to address the protection against homophobia in firms' codes of conduct in the context of continued colonialism and coloniality. Originality/value This paper closes a gap in the literature by considering firms’ codes of conduct as favouring homophobia as a result of continued colonialism and coloniality.

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“…Despite theoretical debate about the term, however, the language of property remains critical to all sorts of rights claims as part of a larger global, albeit Western influenced, idiom of law. Indigenous peoples must deal with shifting notions of property and land rights not simply in an economic mode but also as crucial to claims of identity and membership in the body politic (Clifford ; Gluckman , ; Nadasdy ; Parmar ; Povinelli ). Indeed, as I demonstrate in this article, working through both the law and the idiom of property are key to claims‐making practices within trust disputes.…”

Section: Concepts Of Property and The Structure Of Trustsmentioning

confidence: 99%

She's Come Undone: Parsi Women's Property and Propriety under the Law

Vevaina

2018

PoLAR

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Parsis (Indian Zoroastrians), like many religious groups, manage their ritual spaces and funds with charitable trusts. High numbers of intermarriage have caused much debate over who counts as a Parsi within the community, and more attention is being paid to women and their rights of access. After a local trust in Valsad, Gujarat, barred intermarried women from entering Zoroastrian sacred spaces, Goolrukh Gupta, an intermarried Parsi woman, sued her trust in the high court. It ruled that Gupta was no longer a Parsi but a Hindu, like her husband, even though she had married under the Special Marriage Act of 1954, which enables civil marriage. Offering fresh insight into debates on the politics of recognition and the potentialities and pitfalls for women who appeal to the law to secure their communal rights, I argue that the mechanism of the trust allows the analysis of the two distinct but not separable notions of property and propriety. I analyze how the communal trust in India propertizes married women's legal and religious personhood. This article reveals how Indian women's composition as communal subjects as well as some aspirations of Indian secularism come undone.

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Indigeneity and Legal Pluralism in India

Cited by 48 publications

References 0 publications

State Life: Land, Welfare and Management of the Landless in Kerala, India

State Life: Land, Welfare and Management of the Landless in Kerala, India

A poisoned Chalice: homophobia and codes of conduct

She's Come Undone: Parsi Women's Property and Propriety under the Law

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