The grid of indefinite incarceration: Everyday legality and paperwork warfare in Indian-controlled Kashmir

Ghosh, Shrimoyee Nandini; Duschinski, Haley

doi:10.1177/0308275x20929393

Cited by 9 publications

(4 citation statements)

References 21 publications

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“…As Chatterjee (2012) notes, the study of the postcolonial everyday cuts across two broad strands of geographic research, one macro—a global hierarchy of nations, states, and empires (e.g. Bhan and Duschinki 2020; Ghosh and Duschinki 2020; Kazi 2014; Osuri 2017, 2018; Zia 2019)—and a second local—experienced and lived by elites and subaltern alike in the intimate spaces of subjecthood, affect, and representation (e.g. Aijazi 2018; Kabir 2009; Zutshi 2018).…”

Section: Memory Place and The Un/knowing Bodymentioning

confidence: 99%

Colonialism Otherwise and the Poetics of Solidarity: A Methodological Intervention De‐b/ordering Kashmir

Dar

Masood

2023

Antipode

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This paper reflects deeply on possibilities for developing solidarity with Kashmiri freedom struggles by mobilising a memorialisation praxis informed by poetics. We coin the term "colonialism otherwise" to describe the particular instruments and effects of postcolonial colonialism as they appear in the intimate space of family narratives, memories, and feelings. Foregrounding the works of the Kashmiri poet, essayist, and filmmaker, Uzma Falak, we write our memorialisations to respond to the poet's demands to bear witness to Kashmiri people's abjection. Our memorialisation praxis is guided by the questions: how do we know Kashmir as a place, and relatedly, what are the political limitations of our articulated solidarity with the anti-colonial struggle for azaadi?

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Section: Memory Place and The Un/knowing Bodymentioning

confidence: 99%

Colonialism Otherwise and the Poetics of Solidarity: A Methodological Intervention De‐b/ordering Kashmir

Dar

Masood

2023

Antipode

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“…It is in procedure that the colonial inheritance is best displayed (see also Ghosh and Duschinski 2020;Meierhenrich 2021, 426;Baxi 1982, chap. 2).…”

Section: Rule Of Law As Artificementioning

confidence: 99%

The Supreme Court in Modi’s India

Sundar¹

2023

Journal of Right-Wing Studies

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Twenty-first-century elected right-wing regimes share many similarities apart from being led by “authoritarian populists” who centralize power in themselves and represent ethnic or religious majorities at the expense of other citizens. Since higher judiciaries are key to ensuring executive accountability and the separation of powers in a liberal democratic constitutional setup, they are on the front lines of authoritarian attempts at institutional capture. Unlike earlier dictatorships that suspended existing constitutional protections or imposed martial law, current authoritarian regimes maintain a semblance of legality and constitutionalism while in practice attempting to remake the judiciary in their own image. This phenomenon has been variously termed “autocratic legalism,” “abusive constitutionalism,” and “populist constitutionalism.”In this article, I look at how the Indian Supreme Court (SC) has responded to executive incursions under the Narendra Modi regime since 2014. Even today, the court continues to deliver important democracy-enhancing judgments, breaking away from India’s colonial inheritance in matters like criminalizing same-sex relationships and adultery. However, the last decade is strongly marked by two features: first, an unwillingness to hear major constitutional issues that might challenge the regime; and second, judgments that serve as an advertorial for the regime, reinforcing an antiminority ideological orientation, justifying the government’s actions, and promoting Modi’s personality cult. By outsourcing several political decisions to a seemingly disinterested and neutral judiciary, the Modi government has been far more successful than it would have been if it had imposed those decisions purely by legislative majority. In turn, by addressing a variety of political issues as purely legal matters and not addressing them as constitutional questions, the courts have collaborated in the delegitimization of dissent and reinforced the claims of the Modi regime.

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“…However, rather than being passive recruits, dogs often refuse to conform to roles scripted for them by the military, siding instead with Kashmir's 'subversive' populations. Ghosh and Duschinski (2020) trace the conditions of permanent emergency imposed on Kashmiris by the Indian occupiers. They argue that a grid of 'permanent incarceration' operates as 'paperwork warfare', an instrument of legal terror masked by the banality of bureaucratic power that sustains the occupation across time.…”

Section: A N T H R O P O L O G Y O F V a L U E S : B E Y O N D S U F F E R I N G S U B J E C T H O O Dmentioning

confidence: 99%

‘Not as single spies’: a review of European Social Anthropology 2020

Martin

2021

Social Anthropology

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This review article surveys all of the articles published in the major Anglophone European social anthropology journals in 2020. Taking a perspective from Joel Robbins' theorising of 'the anthropology of the good' as a critique of the primacy of 'dark anthropology', it highlights the rich range of ethnography and analysis recently produced. Focusing on the continuing interest in ontology, environment, relations and the problems inherent in anthropological comparison, the review article identifies how -during the crisis of the COVID-19 pandemic -the discipline has continued to respond with vigour and resilience. An ongoing resurgence of the anthropology of religion is noted, as is the emergence of powerful emic exploration of such global phenomena as care, debt and corporate capitalism. The review article concludes with a reflection on the ideological and epistemological challenges social anthropology continues to face, both in the academy and more widely.

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The grid of indefinite incarceration: Everyday legality and paperwork warfare in Indian-controlled Kashmir

Cited by 9 publications

References 21 publications

Colonialism Otherwise and the Poetics of Solidarity: A Methodological Intervention De‐b/ordering Kashmir

Colonialism Otherwise and the Poetics of Solidarity: A Methodological Intervention De‐b/ordering Kashmir

The Supreme Court in Modi’s India

‘Not as single spies’: a review of European Social Anthropology 2020

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