Juridical Performatives: Public versus Hidden Transcripts
In 1994 ? between 500,000 to one
million Rwandans, primarily Tutsi ? were killed in a three-month period. The international community did little to stop the genocide.
In fact, the UN peacekeeping mission was reduced from several thousand to a couple hundred troops during the height of the genocide
and the French government was implicated in assisting the Hutu hardliners. Then, in July 1994, the Tutsi-led Rwandan Patriotic Front
(RPF) invaded from Uganda, ended the genocide and established the Government of National Unity. Post-genocide, the Tutsi-dominated RPF
government is constructing a new Rwandan identity devoid of the former ethnic labels ? Hutu, Tutsi, Twa ? which I refer to as
Rwandanicity -producing a post-genocide subject before (and within) the law. The main focus of this paper is to address how the
?traditional? gacaca courts were used to try the perpetrators of the genocide ? but beyond the exposed objectives of reconciliation
and justice ? how gacaca works as a performative to inculcate the post-genocide subject ?to analyze what is being performed ? for what
The reconstruction of Rwanda is much like a performance, in which concepts of unity and reconciliation are staged and the subject of
the new nation is inculcated. Ngugi Wa Thiong?o in his book Penpoints, Gunpoints and Dreams analogizes the nation to a stage, directed
by a political dictator, with entrances and exits at the borders. Applying this metaphor, the whole of Rwanda might be conceptualized
as a performance space. National narratives are curated; in the context of post-genocide Rwanda, the state carefully selects what is
or is not allowed on the national stage both literally and metaphorically, conceptualizing the geographic and political boundaries of
Borrowing from James Scott, I will use the concepts of ?public? and ?hidden? transcripts to differentiate between state-controlled
versus individual narratives in post-genocide Rwanda. I will give a basic overview of gacaca followed by varied examples of how gacaca
has been used as a national performance to stage the power of the Rwandan Patriotic Front (RPF), the collective guilt of the Hutu
population, and to memorialize and commemorate the genocide through a weekly ritual of testimony, justice, and reconciliation from its
inception in 2005 to its culmination in 2010 ? excavating memories of the genocide as a traumatic point of departure from which
history is rewritten and Rwandanicity is enacted, iterated, and performed. I close with an example of how the arts might be used to
reveal varied ?hidden transcripts? counter to imposed ?public transcripts?.
Dr. Ananda Breed is Senior Lecturer of Theatre Studies at the University of East London. Between 2005-2010, Ananda conducted doctoral
research in Rwanda that incorporated the performativity of nationalism, justice and reconciliation through grassroots associations,
gacaca, commemorations and memorials, ingando solidarity camps, and theatrical productions. She has served as a participatory theatre
consultant, conducting projects in Rwanda, Democratic Republic of Congo, Indonesia, and Kyrgyzstan.
Sabotage and the Indian ?ladino?: Towards a Judicial Reflective Modulation of Colonial Latin
The concept of sabotage is an interpretive approximation based on the Latin American philosophy and the studies of
the Latin American colonial culture resistance expressions, particularly, from language and translation experiences in a judicial
reflective modulation of colonial Latin America (XVI ? XVII centuries). The philosophical framework of sabotage?s conceptualization
can be used to establish a new theoretical perspective for cultural studies and itstheir possibilities, especially if it can be
combined with the critical approach and critical historiography provided by postcolonial theory in the context of Latin American
political philosophy. The word sabotage comes etymologically from the French language. Sabotage originates back to sabot, a wooden
shoe (clog). The wooden shoe (sabots) became a symbol since it was thrown into an industrial machine in order to break it. The workers
feared the automated machines would render the human workers obsolete. The words "sabotage", "to sabotage" and "saboteur" are
frequently used, in the politics (policy), the syndicalism, the social fights and the military intelligence. We may say that
?sabotage? is a strategy and an instrument of cultural resistance.
The sabotage?s capacity of comprehension and positioning is played within a philosophical perspective from Latin America that does not
close its their space of reflection to the current non-Eurocentric thinking, leaving its unidirectionality (teleology). The emphasis
on the problem of the ?coloniality of the being? as well as its philosophical influences (Enrique Dussel, Anibal Quijano, Bolívar
Echeverría), like a platform for the constitution of Latin-American philosophy, that subsequently, develops a strong critique to the
Eurocentrism from its ontological and political-philosophical foundations. The recognition of the philosophical character in the
indigenous knowledge through nahuatl (Miguel León-Portilla), quechuan (Josef Estermann) and aymaran thinking (Rodolfo Kusch),
determines an assertive and useful reflection. This recognition contemplates the incorporation of the Eurocentric philosophical
thinking and the indigenous knowledge, visualizing in this combination an open interaction between two kinds of communication systems,
on the Eurocentric hand, an alphabetic and logocentric perspective, on the indigenous hand, a poetical and oral tradition of knowledge
and language. The rescue of the diversity is detectable through the interpretation of questions established from its historical-
cultural conditions in the coloniality?s horizon that gather and recapture the mixtures. The recognition and the rescue from the
diversity of the philosophical non-eurocentric comprehension is finally a critique to the eurocentrism that works in an historical
current context, considering the possibility to apply in the historicity of colonial Latin American.
Then, we are able to declare the linguistic and cultural mediation as fundamental instance of contact and friction into the Spanish
judicial imposition. The transmission, the performance of translation?s act, works as an instrument for the resistance of the Indians,
a kind of "inside resistance?.
Alejandro Viveros is Doctorate in Latin American Studies from the University of Chile with a scholarship provided by the National
Commission of Scientifical and Technological Research of Chile (CONICYT). Currently, he researches and teaches the historicity of
colonial Latin America and the Latin American philosophy at the Center for Latin American Cultural Studies at the University of Chile.
He has participated in the Brown International Advanced Research Institute?s BIARI 2010 at Brown University.
Re-configuring languages of protest: Re-writing Human Rights through Culture.
Departing from critiques of human rights as Eurocentric and limited by the frame of the liberal state which do not take us very far,
the question I ask is: what can be done to re-think human rights and make it engage with the subjectivities Judith Butler refers to as
barely legible or illegible to the law and the state. Gayatri Spivak calls for a ?wild anthropology among the vulnerable archaic?, but
what does that actually involve?
Looking at four sites or categories of minoritarian identity in India, the homosexual, the Dalit, the Northeasterner and the Muslim,
through four figures from contemporary times? Ramachandra Siras, Baby Kamble, Irom Sharmila and Anjum Zamarud Habib, I will attempt in
this paper to explore the possibilities of this ?wild anthropology? not through the ?vulnerable archaic? (by which Spivak means
tribals in Bengal) but through figures who engage with the literary and the cultural, conventionally seen as non-anthropological
arenas and often enough as having little or nothing to do with the political.
What does such an exploration do to the field of human rights, to the liberal state and, most importantly, to the futures of what
constitutes the political?
Between a Rock and Hard Place: Cageprisoners and the Double-Edged Nature of Human Rights Discourse.
Throughout the past year, acrimonious public criticism of the Muslim NGO Cageprisoners has generated important questions about the
double-edged nature of the human rights discourse. Firstly, the former head of Amnesty International?s gender unit, Gita Saghal, was
suspended from her position after criticizing the organization?s high-profile association with Moazzam Begg, whom she referred to as
?Britain's most famous supporter of the Taliban?. Secondly, a commentator in The Telegraph lambasted Cageprisoners for a satirical
blog post published on its website entitled ?BREAKING NEWS: BARACK OBAMA IS DEAD?. The post sought to highlight the hypocrisy of
assassinating Bin Laden without trial, at a time when the United States regularly kills civilians in its drone attacks on Pakistan.
These two incidents highlight the risks of engaging with a liberal human rights discourse. They provide a springboard from with which
to ask a timely question - have activists who are fighting for justice for the detainees of the War on Terror, entrapped themselves in
the tyrannical language of human rights? Many of these activists derive their guiding vision for justice from Islam, and secular
human rights are thereby ?that which [they] cannot not want?. However, they have relied primarily on the legalese of human rights law
? for example, by calling for the implementation of Common Article 3 of the Geneva Conventions in Guantanamo ? to frame their claims
to justice. War on Terror detainees are being kidnapped, tortured, and held indefinitely without due process; the most logical way to
enunciate a response to these injustices is to demand that their basic human rights are protected.
However, by defending detainees on the basis of universal human rights, activists fail to displace the assumption that it is
terrorists who are perpetrating the greatest injustices. Human rights are often articulated in the context of individual violations,
so Moazzam Begg becomes an easy target for Saghal, but not the U.S.?s decision to fund Islamic fundamentalist groups. Nor does the
discourse accommodate questions such as, ?Why does this particular claim for this particular right resonate at this particular
moment?? and ?Why do some people seem less deserving of rights than others??
The discourse of human rights entraps Cageprisoners: human rights are integral to the fight to defend detainees, but they also invite
attacks on male Muslim activists because the ultimate source of injustice remains unnamed. This paper will explore the challenges
that Cageprisoners faces in using the human rights discourse, as a Muslim organization run partially by former War on Terror
detainees. It seeks to use the controversy around Cageprisoners to consider the limits that the human rights discourse places on
organizations engaged in the day-to-day work of making rights claims, especially when they are speaking in the voice of the racial
Aviva Stahl grew up in suburban New Jersey in a progressive Jewish family. After completing her B.A. in International Development
Studies at McGill University (Montreal, QC), she enrolled in a masters program in Race, Ethnicity and Postcolonial Studies at the
London School of Economics. Since moving to London she has also completed a research internship with the Muslim human rights NGO,
Cageprisoners. Most of her academic writing focuses on the intersection between the law and the formation of racial subjects in the
context of the War on Terror. After finishing her MA, she plans to pursue a career in civil rights law.
6 Feb 2009: Two young women are molested by a group of young men with right wing affiliations in a Mangalore pub
7 Feb 2009: The Consortium of Pubgoing, Loose and Forward Women is formed on Facebook
14 Feb 2009: More than 3,000 pink chaddis are sent to the Sri Ram Sene, the right wing group associated with the attacks, in a
24 Jan 2011: A police officer in Toronto says that ?women should avoid dressing like sluts in order not to be victimized?
3 Apr 2011: The first slutwalk is held in Toronto
Apr ?Jul 2011: Slutwalks are held in London, Vancouver, Amsterdam, Stockholm, Bishkek, and more than 20 cities in the US
31 Jul 2011: Slutwalk aka Besharmi Morcha, New Delhi
This presentation looks at the blurring boundaries between protest, performance and play in these two campaigns through the lenses of
visual culture and theatre. What are the performative elements in these protests? What does ?performance? bring to a protest? What
does ?performance? take away from protests? Do these performances perpetuate dominant norms of gender and sexuality, or subvert and
challenge these? And what does all this add up to?
Broken houses, Insurgent voices: the ?right to the city?, human rights and the ?politics of the governed? in Luanda, Angola.
In this paper, I will address the right to housing as a human right in the case of the African continent, drawing mostly oin the
African Charter on Human and People?s Rights and legal instruments of international law ratified by African states or African
international organizations. I will later analyze this legal and political regime in relation to a broader notion of the ?right to the
city?, a concept that has recently beening appropriated by subaltern struggles of all over the world and has becoame a central element
in contemporary urban politics, both in the West andor in the Global South.
In a second moment, I intend to look at the legal nature of the ?right to the city? from an anthropological standpoint, recognizing,
from a ?legal pluralist? perspective, that legal norms, meanings and understandings are not only generated in the field of formal
State legality, but also in many other legal orders and social authorities operating in society. In fact, the ?right to the city?
entails and recognizes a whole ?underworld? of social and political struggles being carried out from the margins of modernity ? from
what Chatterjee (2006) has referred to as the ?political society? of those who do not have access to the legitimized, formalized or
legalized forms of mobilization common to abstracts notions of citizenry, polity and civil society.
The case upon which this research will focus, Luanda, the capital city of Angola, is an excellent example of why we need toto look
beyond the official courts, beyond the law, as an academic approach and a social urge. This research will explore precisely how, in a
context where the relationships between the State and its citizens have been characterized by exclusionary practices of a spatial
nature (displacement, dispossession, neglect of the right to land and habitation, etc.), the ?right to the city? can and should be
pursued from the outsides of official legality ? from beyond the law. I will be mostly focus mostlyed oin the work of different
?mediators? of social struggles and processes of governmentality currently being performed in the space of the city: a local NGO ?
SOS-Habitat ? dealing with forced evictions and practices of popular protest, and the many private and local newspapers that flourish
around the city and often contest official discourses about urban development and attribution of rights. I will be mostly interested
in analysing the way these actors engage with issues of human rights and the ?right to the city? in a counter-hegemonic way, as well
as in understanding the way they relate to practices of social struggles and subaltern legal politics as performed beyond the space of
official legality ? beyond the law.
Caio Simões de Araújo graduated in International Relations and Sociology in the Faculty of Economics, in the University of Coimbra,
Portugal. He . wWas awarded a scholarship for working in research projects in the Centre for Social Studies of the same institution,
from 2008 to 2010, where developed research on Postcolonial Studies. He was awarded with a full scholarship for his Graduate Studies
in the Department of Sociology and Social Anthropology in the Central European University, in Hungary. He is currently a researcher in
the Centre for Cultural and Linguistic Studies in the University of the State of Sao Paulo, Brazil.
Challenging liberal rights: the work of the Food Sovereignty Movement
Despite the work of resistance scholars, international law and legal discourse has largely remained blind to social movement
resistance. However, such discourse and praxis provides crucial counters to the conceptual boundaries promoted by liberal rights and
arenas for grassroots resistance in the twenty-first century. While rights are often portrayed within international law as a
liberating and empowering discourse, there is a need to recognize the fundamental relationship between human rights and power. The
institutionalization of rights means that human rights discourse often plays a key role in upholding rather than contesting the status
quo. This paper argues that there is a need to look beyond conventional understandings of rights to understand look at how social
movements contest such understandings and provide alternative conceptualizations of rights and harms.
The paper focuses on the work of the Food Sovereignty Movement, a transnational social movement that which resists and challenges
dominant ideologies surrounding food production. The Movement identifies itself as a peasant movement, which it defines in a broad
way as applying to small-scale farmers, landless persons, indigenous peoples and other rural peoples, including marginalized rural
peoples in the global North. The concept of food sovereignty was coined by the Movement as a way of drawing on the power of rights
language, but at the same time fundamentally contesting current concepts of human rights and particularly the right to food. The
concept emphasizes community autonomy rather than a conventional state-centric and individualistic view of rights and rejects the
association of food with property and the liberal emphasis on property rights. This alternative approach has significant implications
in promoting an empowering vision of rights, which is potentially more relevant to grassroots communities.
The growth of the Movement, and the increasing attention given in international discourse to the concept of food sovereignty,
highlights the potential power of social movements to influence human rights ?from below?. While this paper does not advocate a total
rejection of law, there is a need to be aware of the restricting influence of the current legal framework and the danger of attempting
to bring concepts such as food sovereignty within human rights law.
Nevertheless, it is clear that, given the complicities and limitations of liberal rights and their inadequacy in representing the
demands and concerns of third world peoples or marginalized peoples in the global North, there is an increasing need to look beyond
conventional law and dominant understandings of rights towards alternative visions of rights and harms which social movements, such as
the Food Sovereignty Movement promote.
Pursuing Gender Pluralism through International Human Rights Law - Promise and Limits
International human rights law constructs the universal subject, the bearer of human rights, thereby determining who is fully human
and thus able to claim rights. How is it possible, then, to engage this body of law to move beyond its own (liberal) disciplinary
confines and pursue emancipatory goals? I will examine this question by drawing on the mixed experiences of feminists, who have
largely focussed on ?women?s? rights, and the challenges and opportunities presented to asymmetry and gender dualism by other
feminists and queer human rights advocates. I urge an approach of 'critical engagement', which requires strong links with protest
movements in order to maintain a vision of justice beyond the law while pursuing the radical moments of opportunity the law presents,
even if it is by accident.
Dianne Otto is Professor of Law at the University of Melbourne, Australia. Her research and teaching in international and human rights
law focuses on peace and security issues, economic and social rights and legal (mis)representation of marginalized groups. She works
in the critical legal tradition of discontent, drawing on feminist, postcolonial, poststructural and queer theory. A central question
in her work is how human multiplicity might be made more legally comprehensible, without ?colonization?. She remains hopeful. Dianne
has been active in a number of human rights NGOs including Amnesty International, Women?s Rights Action Network Australia, Women?s
Economic Equality Project (Canada) and International Women?s Rights Action Watch Asia Pacific (Malaysia). She is the Director of the
International Human Rights Law Program of the Institute for International Law and the Humanities (IILAH) and Project Director
Peacekeeping, at the Asia-Pacific Centre for Military Law (APCML), both at the Melbourne Law School. Recent publications include
?Remapping Crisis through a Feminist Lens?, in Feminist Perspectives on Contemporary International Law: Between Resistance and
Compliance? (Onati/Hart, 2011) and ?Institutional Partnership or Critical Seepages? The Role of Non-Governmental Organizations in the
United Nations?, in International Human Rights Law: Six Decades after the UDHR (Ashgate, 2010).
The Enemy Within: Othering and Surveilling during authoritarian regimes in the Southern Cone
This article examines the complex process of social classification and labeling as it operates both through discourse and through
linguistics and practices. Particularly, it focuses on the genesis and evolution of the words ?subversive? and ?seditious? to classify
certain sectors of society and justify their persecution in the context of the military dictatorships of three Latin American
countries (Chile, Argentina and Uruguay). A ?culture of fear? impregnated deep into the social fabric of the countries of the region
as a consequence of many years of violation and subjugation of the most basic human rights on the part of the authoritarian regimes.
By drawing on rich empirical data, this paper seeks to understand the manifold relations of power that which shape the social body,
and their embedment in a specific system of truth. It analyses both mechanisms of symbolic and physical violence during this period.
The first section of the paper focuses primarily on recovering the official voice expressed in propaganda and military speeches and
the mechanisms by which the idea of ?the subversive? emerged and progressively gained power to include vaster sectors of the
population. The second section of the paper deepens further into the mechanism under study by reconstructing the counter-narratives of
individuals whothat were persecuted, imprisoned or exiled. These voices are recovered by the usage of primary sources of information
collected during the year 2008. This section also focuses on discipline and punishment within the penitentiary system, and the
strategies of adaptation and resistance that were deployed by its victims.
Necropolitics And The Stubborn - Stories Of Death And Dying, Between Homestead And The Divine
Cities often derive their vitality from their interstices. The interplay of living forces in these interstitial commons hasve long
assisted the urbanity of the underclass to survive and thrive. With growth oriented developmentalism striking deep roots in Indian
cities, the character of these commons is are changing, shrinking up these interstices, directly assaulting those who thrive in this
twilight zone. This assault has led to both resistance as survival and survival as resistance. Both, and assault and the resistances
have a complex relationship with law, in its enforcement, non-enforcement and evasion.
This paper is an attempt to detail and understand the forces of resistance at play in the new city, in this case Kolkata - a
megalopolis in Eastern India. The set of stories represents aspects of the city which are in interaction but they also derive the
color and form of resistance from the as much from the nature of the assault as from the ecology of the interstice of the city?s
underbelly - often in spectacular contrast to, but in close encounter with, the sunlit city. I detail a heroic struggle of a man for
keep his homestead, who in many ways represents the city that needs to be demolished to make way for the new city. The new city,
represented by a coalition of builders of a tall-towered gated community in the heart of the city, is also critically observed - in
its culture of ?taste? and response to resistance. The story of his stubbornness, of solidarity and his tragic end looks at the course
of the impasse and its tragic resolution, with particular reference to legal and extra-legal battles. A cluster of brief stories is
are discussed, regarding the changing demography of divinities in the new city - stories of dying gods and resisting goddesses. This
story looks closely at the changing self-identity of the perfumed city with reference to the liminal divine affiliations that need to
be severed atin the altar of new urbanity and robust opposition to such displacement of the sacral. This is the story of a goddess?
abode and her survival - in the margin of the city.
Garga Chatterjee is a post-doctoral research scholar at the Massachusetts Institute of Technology and a teaching fellow and affiliated
researcher at Harvard University. He received his degree in medicine from the University of Calcutta, and thereafter, a PhD in
Psychology from Harvard University. He previously was a research scholar at Wellesley College and has been an invited speaker at
Dartmouth College, University of Zurich, Jawaharlal Nehru University, National Taiwan University, Indian Statistical Institute,
Jadavpur University, Allahabad University, and the
University of Liege, among other places. He was on the editorial board of the journal Cult/ure, published by the Harvard Divinity
School. His pieces have appeared in Himal SouthAsian (Kathmandu) , Agenda ( Pune), New Age ( Dhaka), Weekly Blitz (Dhaka), Daily Star
( Dhaka), Daily Times ( Lahore), Ekdin ( Kolkata), Telegraph ( Kolkata), Shillong Times ( Shillong), Sakaal Times (Pune), Daily Mirror
( Colombo)., He writesWriting in both Bangla in English, and some of his English works can be found at hajarduari.wordpress.com.
?Our bodies have won the victory?: Interrogating Nudity and Human Rights Protests in Nigeria
Women have been atin the forefront of activism in Nigeria, since the colonial period. As a group often defined as the ?weaker? sex,
they have been exploited over time by both the political leadership and the men at large. As a result of the wrongly conceived notion
of womanhood as a specie without alternatives, the colonial authorities in Southeastern Nigeria attempted to conduct a census using
their warrant chiefs in which women would be counted for taxation. The Igbo women in 1929 staged a protest that turned violent,
against the warrant chiefs in the region and their colonial overlords. The protest yielded far-reaching political and administrative
reforms in the area. These protesting women protesting adopted varied tactics including nudity. In the Western region of Nigeria,
Yoruba women had also protested nude in the early 1930s, in their struggle against the Alake of Abeokuta?s attempted imposition of
taxation on women. This nude protest, yielded the abdication of the Alake (Paramount ruler), and the scrapping of the planned
taxation. The paper intends to interrogate female nudity as a specie of human rights protest for political change, using Nigeria as an
Ihediwa Nkemjika Chimee, graduated from the Department of History & International Studies, University of Nigeria, Nsukka with a B.A
History in 1996. He holds an MA in Economic & Social History from the same University. In addition to this, he holds an LL.B (Bachelor
of Laws) degree from the same University and a BL (Barrister at Law) degree from the Nigerian Law School, Abuja. He is currently
winding up his Ph.D. in Political History. His interest areas are Ethnic Conflicts, Democracy and Democratization Processes, Human
Rights and Social History. He has contributed chapters in book projects and published in reputable Journals. He is married.
Voices from the Periphery: Democracy and Abuse in the Global Context
Within the context of liberalism, democracy has been championed as a means toward freedom and equal rights. However, in particular
cases, the concept of democracy has been misappropriated to transgress the rule of law or perpetuate inequalities. In this paper, I
analyze democracy?s performance from a theoretical and geopolitical framework that, based on the center/periphery model, emerges from
spaces traditionally deemed ?peripheriesy.? Comparative in nature, I use the works of Rajagopalan Radhakrishnan, Claude Ake and
Norbert Lechner to demonstrate how the concept of democracy has 1) been politicized to further the agenda and interests of particular
nations and ruling classes as shown in the case of the United States? foreign policy, 2) failed to represent the will of the people in
particular cases on the African continent and 3) interpellated the citizen in an evolving relationship that has diminished citizens?
agency in the national imaginary. Radhakrishnan explores the state of exceptionalism that has transgressed the rule of law,
jeopardizing certain rights and privileges intra- and internationally. For Ake, African ruling elite sees Western-style democracy not
as a mode of agency for all citizens but rather a means to seek power and control. Finally, Lechner questions democracy?s mantra
?freedom to choose? as he examines normalizing social, political and cultural discourses that constitute these ?choices.?
Understanding how democracy operates, or performs, helps understand its protean nature, in the Derridian sense, a sign whose
relationship between the signifier and signified is constantly slipping. However, in the three texts, these performances of democracy
illustrate the abusive/elusive nature of democracy.
Jared List is a Ph.D. Candidate in the Department of Spanish and Portuguese at Ohio State University. He works with contemporary Latin
American cultures and literatures in addition to critical and literary theory. His interests include studies on subjectivity,
subalternity, critical theory and comparative studies between Latin America and other continents.
Excavating the Political Economy of SC/ST (PoA) Act, 1989: Dissenting voices and narratives from the field
To eradicate caste- based oppression, the Indian Constitution makers laid certain limitations upon the rights and enlisted provisions
[like Article 22 (7)] for enacting special laws. The Untouchability (Offences) Act, 1955 was invoked as the first extraordinary law to
get rid of untouchability. This Act was later amended, in the year 1976, to become the Protection of Civil Rights Act, 1955, in order
to get rid of the continued violent discrimination against Scheduled Castes and Scheduled Tribes. The need was felt, in year 1989, to
enact another law, as earlier special laws, provisions under the Constitution and normal criminal jurisprudence [IPC & Cr. P. C] were
unable to deal with offences against the Scheduled Castes and Scheduled Tribes. Therefore, the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989 [SC/ST (PoA) Act, 1989] was enacted to fulfill these constitutional obligations. This specific
act incorporated provisions for more stringent punishments as compared to earlier acts and broadened the horizon of conducts to be
considered as atrocities. As is very well known, these legal provisions have largely failed to meet the abstract notions of the social
justice of the Indian state. In this scenario, this paper tries to understand the ways in which the givenness of this particular act
is subverted and questioned by the politics of contemporary moment.
This paper is based on ethnographic studiesy among four organizations working on issues of equality and social justice in Punjab:
Krantikari Pendu Mazdoor Union, Khet Mazdoor Sabha, Dalit Daasta Virodhi Manch and Aadh-Dharm Samaj. The first two of these consider
class as their primary focus while the latter two take up caste as a central category for the struggle to attainof social justice. One
of the important issues the paper tries to explore is that how important do these organizations they consider this Act in the given
conceptual framework of social justice and how often they invoke this act in their struggles;? hHow the meanings of law are decoded by
these organizations differently;. How the same Aact when invoked differently by different subjects/ collectives comes to be
experienced differently;? hHow the contemporary movements redefine the very meaning of Atrocities Act.? Thus the paper intends to
move beyond the usual critique of procedural lapses on the part of the police and judiciary in the implementation of this Aact and
tries to provide a substantive critique by asking questions which go beyond mere legality.
Law, Violence and Mass Movements: Re-presenting Resistance in Chhattisgarh.
The paper connects violence and mass movements in the Indian state of Chhattisgarh, rich in natural resources and home to a large
number of tribal population or adivasis, inat the backdrop of the complex Maoist Movement against the dual objective of first,
resisting dispossession, displacement, landlessness and loss of livelihood of tribals that comes with the enthusiastic acceptance by
the state of neoliberal policies and the second, being their political objective to violently overthrow the Indian state and establish
a rule by proletariats.
This paper locates the imaginaries of resistance and attempts to answer questions like? to what degree a violent mass movement like
the Maoist movement connects to the concept of social movements and how far the Maoist movement shapes the resistance of the tribal
movement. The first part of the paper frames violence in the sociology of resistance. The overarching theme of the second part of the
paper is to locate the Maoist movement in the schema of social movements and find to what degree it has shaped resistance by adivasis
and vice versa.
At the heart of what is loosely referred to as ?Maoist violence? or mere ?violence? is the notion of collective political violence.
While political violence has received a lot of attention in terrorism studies, it has been relatively neglected by the social movement
praxis. This paper hopes to engage with that neglected schema of political violence in social movements through the Maoist
Violence/Adivasi Resistance debate. The paper will argue that the socio-political causes of the use of violence in the Maoist movement
lend it the definition of a mass movement. Significantly, the paper will also articulate the ongoing unresolved debate about the
?popular? nature of the ?people?s war? perpetuated by the Maoists since the argument on the efficacy or inefficacy of the mass
movement stands on the relationship between the people and the movement to begin with. My methodological scope is limited by the
absence of an empirical study and I have engaged in a literature review to frame the theoretical underpinnings of the subject. While
Upendra Baxi, Balagopal and Randhir Singh offer an insight into the theoretical understanding of violence, dissent and development,
Deepak Gupta, Alpa Shah, Chakraborty and Kujur?s scholarship throws substantial light onto understanding the ramifications of the
Maoist movement in India. Fact- finding reports by Independent Citizen?s Collective, Human Rights Watch and Asian Human Rights
Commission fill in the empirical hole substantially.
Jhuma Sen was formerly a consultant with Amnesty International India and Lawyers Collective. She recently pursued an LL.M at
University of California, Berkeley as an American Association of University Women?s International Fellow and is now based in Kolkata
as a human rights lawyer and researcher.
Kantian Enlightenment and Its Critics: Rethinking Chatterjee and Foucault
This paper endeavors to map the travel of the critique of the Enlightenment from Michel Foucault to Partha Chatterjee and their
reflections on modernity through their readings of Immanuel Kant?s essay What is Enlightenment? The paper revolves around their
critiques of modernity and examines their accounts of resistance.
The paper will begin by discussing Chatterjee?s claim that the Indian context reveals the modern Enlightenment project of rationality
and the correlate of individual freedom to be neither universal nor immutable, his views on liberalism and its European as well as
non-Western connections. He argues how the modernizing world of Europe spawned a series of dichotomies and suggests how these binaries
can be contested.
The paper will proceed with discussing Foucault?s similar critique of modern reason, and his diversion from adopting Kant?s universal
reason to its genealogy to delineate the emergence of the subject of reason. He terms these outcomes as ?governmentality?. Foucault
identifies Kant?s account of Enlightenment and points out his distinction between private and personal use of reason. Foucault
recommendation and his beliefs in Stoics conclude Foucault?s arguments.
The paper is concluded with drawing comparisons between Chatterjee and Foucault, their similar tactic in treating the events as
continuous and constant and analyzing their breaks and fissures, and their different approach towards effective histories of the
present, which is reflected in their versions of resistance. The comparison reveals that the critique of Enlightenment reason is not
Besides text interpretation, critique and analysis, the similarities and differences in Chattrejee?s and Foucault?s genealogies and
resistance will be historicized through a reading of three cinematic texts: Shatranj ke Khiladi, Lagaan, and Inglorious Basterds.
While Shatranj ke Khiladi and Inglorious Basterds reveal the limits of Foucault?s self-fashioning as an alternative to the totalizing
logic of the Enlightenment, Lagaan on the other hand opens up the possibility of opposing colonization by combining collective
struggle, as proposed by Chatterjee.
Awara's Constitutional Amendment: Love and Justice in Cinematic Courtrooms
This paper looks at how cinema serves as the affective archive of the law in India. It focuses on the relationship between Eros and
justice, and examines why the courtroom emerges as the most important space in Hindi cinema in the fifties where questions of love,
justice and citizenship get played out.
Embodied Resistance: Theorizing Female Suicide Bombers
On January 12, 2010, a 7.0 magnitude earthquake struck Haiti, killing tens to hundreds of thousands of people, and leaving many more injured and homeless. International aid agencies and various state and United Nations officials quickly converged on the former French colony. Early media reports emphasized the fragility of the Haitian government.
Amidst this devastation, one figure emerged as the central object of humanitarian and legal concern ? the Haitian child. In particular, the potentially mobile Haitian child, the child who might be internationally adopted or trafficked, became a site of struggle and desire. Global media coverage of the arrest and prosecution of American Christian missionaries for attempting to ?traffic? Haitian children to the Dominican Republic produced an international spectacle.
Why was ?the child? (as opposed to the woman, man, family, or community) figured as the object of concern? And, why did the cross-border circulation of Haitian children arouse such anxiety and desire?
Lipika Kamra is an M.Phil student in the political science department of Delhi University. She has a Masters in International
Relations from School of International Studies, Jawaharlal Nehru University and a BA(Honours) in Journalism from Lady Shri Ram
College. She studies the Maoist movement in India to understand the moral foundations of violent resistance to structural injustices
in society. Her wider interests lie in the various modes and theories of resistance and rebellion, gender theories, and women in armed
A Child of the Nation
A female suicide bomber brings to mind courage and sacrifice but also gloom and despair. A woman who blows herself up in a political
cause becomes much more a topic of discussion than a man performing the same act. This is so because female suicide bombers, whether
in Palestine, Turkey, Sri Lanka or Chechnya, challenge the commonplace notion of femininity. The usual social stereotype of women as
gentle, tolerant, and inherently peaceful regards them as nurturing mothers and caregivers, nurses, sex workers, or comfort women. Yet
women now appear increasingly in national armies as well as in rebel and terrorist groups. Given these contemporary circumstances, I
wish to ask two basic questions in my paper. Firstly, can the intention of women to blow up themselves to harm the enemy be regarded
as emancipatory, i.e., in pursuit of parity with men? Secondly, can female suicide bombers be seen as resisting or challenging
traditional gender hierarchies and roles? I make my argument by examining the reasons why militant organizations employ women to carry
out suicide attacks and what motivates the women who are involved. I argue that although these women are not able to break out of the
patriarchies within which they are operating, their act constitutes ?embodied resistance?. Drawing on Michel Foucault and Judith
Butler, I theorize this kind of resistance against patriarchal norms and hierarchies inside or endogenous to patriarchal structures of
domination. At the same time, I argue that we should not understand such resistance as wholly emancipatory: any empowerment
experienced by female suicide bombers and their sympathizers is laden with ambivalence.
I argue that ?the child? performed important work in global narratives that cast the Haitian earthquake and its aftermath in
sentimental and humanitarian terms, rather than economic or political ones. The suffering child was seamlessly abstracted from her
family, community, and the broader political economy. Sentimental concern became the conduit for adoptive parents, child protection
groups, U.N. officials and the Haitian government to access and thereby protect ?the child.?
Moving beyond and within the law, as this conference urges us to do, this paper will consider the role that international law has
played in creating and changing dominant global understandings of childhood. Whereas change is often figured in progressive terms,
this paper will examine some of the costs of contemporary efforts to alter regional and local understandings of childhood.
I draw on the example of the Haitian earthquake in part because it marked the convergence of two robust international law regimes ?
those governing inter-country adoption and child trafficking. As Canada, the United States and France moved to fast-track approved
adoptions from Haiti, some international and Haitian government officials seized on child trafficking as a central threat to Haitian
children. I will consider the role of international law in changing the meaning(s) of childhood and in doing so foregrounding certain
threats to its construction, while obfuscating others.
Lisa Kelly is a doctoral candidate (S.J.D.) at Harvard Law School. She specializes in criminal law, family law, and international
law. Her doctoral research focuses on the legal regulation of the child at school and the law and politics of universal schooling.
Lisa is a Frank Knox Memorial Fellow and a Trudeau Scholar. After graduating from law school at the University of Toronto, Lisa
articled with the Department of Justice in Ottawa and also clerked for Justice Marshall Rothstein of the Supreme Court of Canada.
?I feel like a dog with the tail between its legs?: The limits of protest and the pedagogy of deception
The decentralization of development is a common theme in contemporary international and national development policies. It is seen as
the preferred vehicle to address the perceived incapacity of Third World nation-states to uniformly develop their territory and
population. Due to their smaller size and the closer proximity between local inhabitants, authorities and service providers, the
local, the municipal and the city have emerged in this discussion as virtuous spaces where both development and global integration can
be achieved. As some authors have argued: ?today municipalization means civilization?. However, moving the development project from
the international and the national to the local is a deliberate strategy with political, administrative, financial and cultural
implications. Today, Third World subjects find themselves performing their daily lives in territories that are increasingly fragmented
by sub-national jurisdictional frontiers and regulated by numerous levels of governance and cross-enforcing legal and administrative
regimes. In this presentation, I will narrate some key moments in the everyday life of a group of Internally Displaced People (IDPs)
who have radically challenged, although ineffectively, the successful use of the decentralized development model in Bogotá, Colombia?s
capital city. I will argue that the daily chores and discourses of these subjects, and especially their protests against the order
imposed on their lives by the local administration, the national government and international institutions, contain important traces
of the transformation of the concepts of sovereignty, state and citizenship in today?s normative and multi-scalar global ordering. In
particular, I pay special attention to how the limitations of these subjects? protest have become a lesson about the hard face of law:
not justice or rights but ruling and commanding. In a world in which state power is brought increasingly closer to its subjects but
without the means to satisfy the minimal requirements for bare life, law becomes the language of administrative domestication and
bureaucratic herding for those sitting at the periphery of the development discourse and its declared boundaries. Governmentality
through law is in these terrains not an expression of effective ruling ?at a distance?. It is instead the outcome of a systematic
administration of failure through materially concrete techniques of state mimicry, the spatialization of subjects and the increasing
disaggregation of spheres and grades of authority.
Luis's research interests are located at the intersection between International Law, Development and Global Governance. In particular,
his fieldwork and writing explore the anthropological, political and economic dimensions of today?s international normative project
and the lived experience of development in the Third World. Luis has worked in legal aid and private legal practice and he has
contributed to research projects and parliamentary submissions for union organizations, civil society groups, international
organizations and international non-governmental organizations. Luis has taught in the areas of International Law and Political
Economy, Economic Law, Law & Development, Law & Economics, and Public Policy in both Colombia and Australia. During 2011-2012, Luis is
a Visiting Research Fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany.
Registers of property and spaces of resistance: Adivasi Politics in Kerala
This paper tries to bring together two major aspects of the contemporary adivasi politics- resistance and land. Firstly, the word
?resistance? has become central to understanding the political and cultural practices of the marginalized communities all over South
Asia. The major tribal movements for land have been seen in the light of how they pose a challenge to the dominant models of power and
dominance. They are seen as modes through which resistance and protest is politically manifested. Secondly, in India, land is the
fulcrum around which the adivasi movements are organized. One of the contested areas of law with regard to human rights is that of
property rights where various claims are made on land based on various sources of authenticity. In this paper I will use alternative
notions of property as a site of resistance. That is to say, a massively legally normative property ownership model is contested not
just through the political act of protesting but also through practices which run as a counter-thesis to that model.
This paper is an attempt to look at the locally and culturally specific practices of the adivasi communities in Kerala (a southern
Indian state) to see how these practices pose a challenge to the legally guaranteed models of ownership and property. For this the
paper will mainly focus on two distinct lands- related practices which pose a challenge to the dominant theoretical notions- namely
Kavu and Teyyam. I will try to see how resistance is being reproduced through these sacred spaces.
The instances where adivasi notions of property and ownership become an issue can be seen as reflecting this very problem of the
conflict arising due to the application of the property-ownership model to the heterogeneous mass of land relations. Therefore in
order to examine the nature of this problem, this paper will develop an understanding about what is the property ownership model of
thinking about land relations: its conditions of emergence and its conditions of coherence (i.e. what is the grid and context within
which such a model was developed and what are the conditions under which this model makes sense) and use this to analyze adivasi
resistance. Secondly, this paper will analyse the classificatory model that is used to find structures of property and see how notions
of property can exist within other classificatory systems. But practices like Kavu (sacred groves) and Teyyam (deities and ancestors)
show that notions of property where the subjectivity of the owner exceeded humanity were prevalent. An understanding of how notions of
property and territory were embedded in spaces that were classified outside the economic registers will help us understand practices
of resistance. To this end this paper will looktake into such sacred spaces as spaces of resistance.
This paper will try to show how these practices provide us with new conceptual categories to understand resistance and human rights.
Convert, Contest, Protest: The Contours and Politics of Dalit Conversion Movements
This paper will argue that Dalit conversion and particularly Dalit conversion to Christianity between the middle of the 19th century
to the end of the first quarter of the 20th century has served as a collective assertion against the caste system and as a means of
alternative identity formation outside of its ascription. It will argue that in converting, Dalits are able to latch on to an
alternate symbolic world which lies beyond the excluding hierarchy of the caste system as well as the deemed polluted existence of the
Dalit symbolic world, thereby emerging as a legitimate subaltern mechanism of dissent. It will further show how conversion has served
to re-configure the symbolic world of Dalit communities by dismantling and delegitimizing the dominant metanarrative of the
nationalistic project while at the same time erupting a counter narrative which lends itself to a sense of dignity and self-
assertiveness of Dalit communities.
Love of life and Dangers of law in Sharmila?s Fasting
This paper concerns is about refusal and the politics of unlawfulness. My purpose of looking into the specific events of fasting,
force-feeding and confinement of a woman who has been on fasting for about ten years now, is to think of a counter-intuitive politics.
This is a politics that calls for insurrection to the metaphorical relation of the visible to the one who does not see, and the
inaudible to the one who does not hear. What is significant for this politics is the way in which the ordained ?sight? and ?speech?,
or in other words, the political discourse of visibility and speech comes to define what is and in fact what should be the visible and
the audible. So in this sense, this paper examines the relations of the events of fasting, force-feeding and confinement to
lawfulness, legality and law in order to understand the counter intuitive politics which is at work in Sharmila?s offensive, often
rebarbative yet refractory act of protest, fasting and persistence.
I would divide the paper into two sections. In the first section, I would discuss a moment of definition; one in which that Irom
Sharmila is alleged to be committing a ?crime with an intention to kill herself?. This moment is particularly significant because when
she is defined as the habitual offender, her offence does not lead to a normal procedure of punishment. On the contrary, however, it
leads to a series of interventions in order to save her life. These efforts are of two disparate sets. While one set of interventions
postulates that saving her life is to discipline her not to live as the condemned, the other set comes from the idea that saving her
life is a way to restore innocence which is lost in the act of condemning. The only commonality of the two sets of interventions is
that both sets of interventions originate from law-lawfulness-legality spectrum. Section II looks into the dangers of law by examining
how we have to see the manner in which the legality, lawfulness and law as a form of danger coded in the juridical enterprise of
permission and prohibition. It explores a specific segment in the construction of a ?habitual offender? in order to show that this
construction also operates within a discourse of danger of being lawful and therefore of being legal. Dangers of law in this light is
constructed not the issue of how to control dangers through law but rather that law is in itself a danger that operates in revealing
the danger to be controlled through law.
A Body? Free from Protest.
I was born in Madras and continue to live in Chennai ? an urban Indian metropolis with its mix of rampant commodification and its
paradoxical resistance to change. Nowhere do I find this more evident than in the public ownership of the body. From posters,
billboards and hoardings to the more subtle dictates of beauty, humility and propriety, there is a palpable sense of looking for the
perfect body in tailor-made attitudes. And yet, the constant proximity of bodies brings with it the need to negate one?s own body, to
ignore the discomfort of an invasive kind of proximity. My work is an attempt to reclaim the body from numerous kinds of
anesthetization that it is constantly subjected to.
I believe that all art is political. The bigger battles, though, of culture and identity cannot be fought through art. And neither do
those reasons exhaust the need for artistic expression. Within the place of committed arts practice, performance can be a place of
play ? playing out modes, playing with modes, leaving actions hanging unfinished. Dance is not a universal language. Like theatre and
music, dance brings with it languages that are particular to specific individual cultures and histories.
Recent sociological and psychological theory has stressed that a person?s identity is in fact something multiple and potentially
fluid, constructed through experience and linguistically coded. In developing their identities, people draw on culturally available
resources in their immediate social networks and in society as a whole.
I grew up and continue to live in Chennai, home to a re-invention of classical dance and music alongside the National movement. About
ten years into my career as a classical dancer, I was confronted by the great gap between life and art. An increasing resonance with
rational thought and the feminist rhetoric of my context made it impossible for me to continue with the aesthetic I was trained to
follow as a dancer thus far.
I began making solo work, seeking to redefine my particular relationship with dance. Much of my preoccupation has been with creating a
personal movement language that reflects my relationship with the context I live in, knowing that each of us enters the space with our
own systems of concepts and assumptions, not equivalent to each other. But in sharing our predispositions and confronting our
worldviews, perhaps we will be encouraged to question the manner in which perception itself happens. In turn, there may be newer and
fresher dimensions to what we give and receive.
Dancing Women and New Borders: A Response to the Global Network of Anti-Terrorism in Southeast Asia.
I aim to re-articulate the study of citizenship and the transmission of dance amongst the women of the Sama and Bajau communities in
Southeast Asia during the implementation of the Global Anti-Terrorism Network. This is an inquiry into how internationalized regimes
of aesthetics strategically mediate the further displacement and marginalization of women within these communities. I am examineing
how the use of legal language concerning female citizenship forcefully disrupts the possibility of women negotiating connectivity on
their own, and their transmission of bodily knowledge through so-called ?traditional? female practices (i.e.: dancing) within an
already established local, patriarchal space. I am further investigateing how the fragility of the language of exclusion and inclusion
that is embedded within nationalized, globally connected cultural policies, such as the Global Anti-Terrorism Network, only re-affirms
the fragmentation of this transmission by viewing it as aesthetic leisure rather than recognizing the possible resistance projects of
female dancing bodies that cross borders in Asia. Additionally, these cultural policies fail to resolve both pre-existing tensions of
marginality and the violence that results from their implementation.
My previous research has focuseds on the politics of cultural aesthetics during the Suharto regime in Indonesia, and how nationalized
dance forms crossed borders and were reconfigured in various modes of consumption, innovation, and potential critique. The core
findings from this research are grounded in an analysis of the ways in which narratives of female aesthetic production reveal the
complex relationship between dance practice and its significance in the mediation of the continuing presence of ?colonial? nostalgia
in a post-colonial state.
The proposed paper My new work expands on the concept of dance practice as an archive of embodied memory and experience that becomes
reconfigured ? and may be fundamentally repurposed ? when dancing bodies cross national borders. Using the powerful narratives of
reconfiguration in the movement between the Global North and Global South that I have studied as a point of departure, my current
research will focus on how these experiences manifest in different directional and cultural/economic paradigms of mobility, and how
the embodiment of technique can be a form of strategic cultural transmission. In this context, I will examine the mapping and
theorization of Diaspora, and the politics of memory, genealogy, migration and ?the performance of culture,? focusing on those who
carry inherited practices across ? and through ? the fluid borders formed by the dominant presence of oceans in Southeast Asia. To
begin with, I will examine the cases of Sama, Bajau, and Orang Laut, three marginalized ethnic groups based ion small islands within
the territories of the Philippines, Malaysia and Indonesia, whose cultural genealogies have been fragmented by the formation of larger
nation states. This fragmentation has been exacerbated by post-9/11 policies of increased vigilance toward intra- and international
borders among Southeast Asian islands with Islamic populations. In these ?peripheral? areas, the possession of inherited cultural
practices, and the potential to move between islands, and thus often nations, through skilled navigation of local waters, has enabled
certain groups to find common artistic ground, as well as a sense of home and possible refuge from the political pressures of
marginality in their countries of origin. The ability to move in this manner has functioned to maintain the strength of local
cultural history and identity in the face of far-off, yet dominant, state narratives. Artistic practice thus mediates politically
subversive, inter-island ?family gatherings? and indirectly functions as a methodology of resistance to dominant discourses of
Diaspora and immigration.
The location of homophobia
Controversies over queer belonging in postcolonial societies have tended to feature a discursive battle in which homophobic
conservatives insist that queers are culturally inauthentic, and queer activists respond that it is institutional homophobia that has
been imported via colonial discourses of law, medicine and literature. Whilst advancing diametrically opposed political positions,
both sides in this dispute tend to participate in a politics of nativism, in which that which is foreign has no place in the
postcolonial community, and more broadly in a politics of essences, in which homosexuality is located or fixed in particular places,
so that particular attitudes towards sexuality come to be marked as defining the essence of what it means to belong to those places. I
argue that a politics of essences is both analytically disingenuous and normatively dangerous, and suggest, in line with recent work
in geographical theory, a move towards a politics of encounters in which places have no unchanging essence and ?do not exist outside
the processes, flows, and relations that create, sustain, or undermine them? (David Harvey). I attempt to operationalize an
understanding of the institutionalization of homophobia in Uganda in relation to two moments of encounter between Uganda and the West,
in the late 19th and early 21st centuries. In doing so, I encounter a number of problems that I have yet to fully think through. This
presentation will reflect on a work in progress and, in particular, on field research conducted in Uganda over 2010-11.
Disability Discourse Beyond the Law: Is it a Possibility?
Disability as we understand it today is a relatively new concept in the social sciences. Like other subaltern studies (race, women and
LGBTI Studies), it crystallised largely through activist politics in the 1980s in the Western hemisphere. Political activism around
disability focussed on law as a primary pathway towards recognition and the empowerment of disabled people. One of the important
achievements was the passage of disability specific legislations in different countries beginning with the Americans with Destabilise
Act (1990), the Disability Discrimination Act (1995) in the United Kingdom and the Persons with Disabilities Act (1995) in India.
Concomitant with advocacy (particularly self-advocacy by disabled persons themselves), the United Nations has also played a critical
role in placing disability on the agenda of its members- states from the 1970s through a range of recommendations, declarations,
programmes of action, etc. The culmination of this effort has been the Convention on the Rights of Persons with Disabilities (UNCRPD)
adopted by the General Assembly in 2006 which India has signed and ratified. Presently, there is a massive legal exercise underway to
redraft various disability legislations in the country such as the Persons with Disabilities Act 1995 and the Mental Health Act 1987
to make them compliant with the UNCRPD. In the light of these developments, the question that I would pose is: Are there other
paradigms for guaranteeing the human rights of disabled people that are not embedded in law and solely targeted towards legal
redressal? This becomes particularly piquant in a historical context where disability has been dominated by religious and medical
Bihar 1974: The Poetry of Revolution: a very personal testament
This paper seeks to present the emotive power of poetry in times of protest, its ability to reach out to an audience ranging from the
political and intellectual elite to the semi-literate peasants and workers.
Political testaments and ideologies are framed in prose, at best with oratorical flourishes, which have resonance with other thinkers.
However, iIn the heat of the revolutionary moment, the streets echo with the evocative slogans and verses that emerge in response to
the immediate, heady surge. By its very nature, a large proportion of such poetry remains in the oral tradition, usually circulated
through pamphlets, sung at meeting grounds. The compositions of recognized poets attain the dignity and gravitas of publication.
Through the prism of personal experience, the narrative of such poetry is located in the JP movement in Bihar of 1974.
This paper does not attempt to decode JP?s call for ?total revolution?, its impact on the political spectrum, or the overwhelming
response of students to the banner of revolution. Instead, iIt offers a glimpse of the poetry that lived on long after the movement
was over. Personal narratives in the time of protest, and the potent voice of the poet, blend in this paper to write an epitaph to a
movement that touched lives, in ways unforeseen.
Rita Sinha has been teaching English at the University of Delhi since 1985. Her areas of interest include popular culture and fiction,
as well as Indian writing.
What is an outside? What is a revolution without outside? What is an outside without revolution?
While going through the canon of western theory I noticed two dominant forms of theorization ?one which focuses upon the necessity of
interrogating the western/European/white/male/Anglo-centric knowledge system that performs a kind of epistemic violence on several
?subjugated knowledges? and therefore talks about the necessity for decolonization; the other focusing how these very resistances
towards colonial pedagogy and knowledge system are themselves informed by it. In the second sense then the political project of
decolonization becomes impossible. It is iIn this second sense also that the question of resistance becomes problematic? as if
resistances isare to be performed against a structure then it has to be located outside the structure. The Now the question that then
arises is,comes that if the structure is the apparatus ? the discursive field, then how is one who is a part of it to can go against
it? Can one then go outside the structure starting from within it?
In this context I would like to focus on the phenomenon of looking back towards the past revolution, (revolution being a form of
resistance to the existing order of things). I intend to do this with the help of a few memoirs of former activists of the Naxalbari
movement. My essay will not on?t be a simple criticism of the Naxalbari movement concerning as to why it failed or whether it failed
at all. Rather, it would re-narrativize the Naxalbari movement by privatizing what once was intensely political.
In brief, resistances are thought of in terms of transcendence of the existing order. But by following some commentators on the
Naxalbari movement like Rabindra Ray and Mallharika Sinha Roy, I would attempt to show how the very ideas of justice, injustice and
desire for resistance are existentially located in the immediate and existing state of belonging. Instead of actually being negated,
emotions like anger, pain, fellow feeling, hatred etc. continuously affect public action and political existence and are also affected
by those. I would also try to examine if the study and understanding of these negations can might help us to look into the ?outside?
of the structures of existence, which nonetheless is immanent t in these structures. So resistances would be studied as immanent
within the structure but at the same time as having the ability to transcend it.
Samrat is cCurrently he is working as an Assistant Professor and Head of the Department of English at Kharagpur College and also
pursuing his PhD from the Centre for Studies in Social Sciences, Calcutta. While doing his masters from Jadavpur University he started
taking an active interest in critical theory which flourished in understanding Bangla literature and culture through the lens of
postcoloniality, on which he is currently pursuing his doctoral work. He has co-edited an anthology of critical essays on
postcolonialism and neocolonialism titled Anxieties, Influences and After. He constantly writes and publishes in various national and
international journals and books on themes like contemporary Bollywood, Bangla Literature, Ethics and Politics of Deconstruction. He
also practices creative writing and his short stories got published in leading Bangla little magazines.
Beyond Legal Rights- Disability, Democracy and Law in Contemporary India
In India, disability as an issue was placed on the social justice agenda only in the 1990s, when the government enacted a cluster of
legislations addressing different aspects of the lives of the disabled. Through the second half of the nineties, individuals and
disability rights groups approached the courts under these laws, seeking to enforce reservation in jobs and education; easy access to
public buildings and transport facilities and so on. But soon the initial euphoria over the law/ litigation-led strategies of
accessing justice dissipated, as it was realized that getting a favorable judgment doesn?t itself imply justice to the petitioner or
the issue that is being advocated for. Some of the reasons for this are attributable to the laws in question, and some resulted from
the conservative attitude of the higher judiciary on questions requiring allocation of resources. Over the last few years, one can
discern two trends with respect to advocacy strategies adopted by disability groups. One, a conscious effort within these groups to
refrain from court- based advocacy. And two, a simultaneous stepping-up of efforts to make disability more visible within the
political institutions of democracy. Two prime examples of this strategy are the campaign to make polling stations accessible to the
disabled, and the campaign to include the category of disability in the census ? issues central to Indian politics and democracy. The
proposed paper seeks to achieve two objectives: (a) by drawing on the experience of using the disability laws in courts and other
forums, I shall attempt to illustrate the contradictions of liberal rights in a rapidly neo-liberalizing State; and (b) by tracking
the contours of the ?politics of presence? in the mobilization strategies of the movement, I shall attempt to highlight an aspect of
the contemporary Indian disability rights movement, that is different from the familiar script of ?from charity to rights?, that one
regularly encounters in the literature on disability rights movements.
Saptarshi is a legal researcher and trainer, based in New Delhi. He is currently working at the Multiple Action Research Group, an NGO
working on legal literacy. He has previously worked at the Lawyers Collective ? Women?s Rights Initiative. Saptarshi completed his
legal education from the National University of Juridical Sciences, Kolkata. He researches and writes in the areas of feminist legal
theory, sexuality, caste, disability law and social movements. His work has been published in the Economic & Political Weekly, NUJS
Law Review, among others.
Loitering Bodies: Some Dilemmas in Gendered Public Space
In a previous co-authored essay*, I (and my colleagues) suggested that the celebration of loitering was an important way of claiming
city public spaces in defiance of laws against loitering after sunset and before sunrise. We argued that the only way in which women
might find unconditional access to public space was if everyone, including those who were not necessarily friendly to women also had
unconditional access. Subsequently, in conversations with feminist activists who work particularly with young women we?ve been
challenged several times on the grounds that everyone loitering includes even those ?others? (often young men) who intimidate young
women and inhibit their access, thus in fact restricting the access of young women.
In this paper I attempt to think through questions of justice in access to public space. It is unnecessary to point out that men have
more access than women; the rich have more access than the poor. Further the very aspiration of becoming a ?global? city is based on
the exclusion of those who do not fit in. Young women in developmental terms are good citizen subjects and young men, particularly
lower class young men are often seen as lost causes. I will attempt to both respond to the very real questions raised by feminist
activists in relation to loitering as well as locate them in a context where public spaces are shrinking for everyone.
This paper asks: What does it mean to stake an equal claim for all to loiter in public space? How does one engage with the threat
posed by one group of such loiterers to another potential group? How does one understand claim staking in a context where city public
spaces are surveillanced and policed? What are the claims of different kinds of bodies and how can we arrive at an idea of justice
that at least attempts to address the claims of as many different groups as possible?
Shilpa Phadke is a sociologist, researcher, writer and pedagogue. She is Assistant Professor at the Centre for Media and Cultural
Studies at the Tata Institute of Social Sciences, Mumbai. She has been educated at St. Xavier?s College, Mumbai, SNDT University, the
University of Cambridge, UK and the Tata Insitute of Social Sciences, Mumbai. Her co-authored book, Why Loiter: Women and Risk on
Mumbai?s Streets was published earlier this year from Penguin. She has also published in edited volumes, academic journals and in the
popular print media. Her areas of concern include gender and the politics of space, the middle classes, sexuality and the body,
feminist politics among young women and pedagogic practices. She loves the chaotic city of Mumbai and fantasizes that it will one day
have a very large park.
The Politics of Phanek in Protest- An Interpretation of Its Symbolic Meaning
Politics for women begin on her body, attire and gesture. The bBody has been a site of politics. Historically, a womaen?s body hasve
been a fertile terrain for imagining, reasserting, and contesting the porous boundaries of the moral world. They demonstrate
imaginatively how the body surfaces are powerfully mobilized in the making and unmaking of moral worlds. Clothing is as kind of symbol
in the performances through which history is conceived, constructed and challenged.
The values and norms of society or community are made to carriedy by women, inscribed on their bodies and in the attire they wear, be
it the phanek, mangal sutra or bangles or nose rings or earrings or toe rings or the veil. These artefacts are the markers oif their
morality, chastity and their (un)lease on sexuality. Various forms of transgression associated with the women's attire are drawn up
into relations of power and inequality. The mMarriageable bodily state of the womaen and its moral values are associated with clothes.
With respect to the sSemiotic value of clothes,: the dDress is closely linked with structure and agency in culture. Clothes seem to
have a semiotic value in expressing both the potency and fragility of social statuses and socio-political relations. Clothes areis
critical in the representation and reproduction of society. It isThey form a critical link between social groups through social space
and time. Dress and hygiene are vehicles of cultural, moral, and political values. The body cannot escape being a vehicle of history
and a metaphor of being in time. This theoretical framework would help in identifying the symbolic meaning of, and in trying to know
if, the phanek is actually used as a means of resistance.
The Phanek is not simply a woman?s dress in Manipur. It has a significant symbolic meaning in different spheres of society. What is
the politics behind the phanek as a symbol of resistance in the Manipur? I have taken up 3 moments of the phanek to analyze if it is
being worn, or displayed or disrobed in the political domain, and whether it is. Actually Is phanek being actually used as symbol of
resistance in the public sphere?
I am analysingThe three moments of the phanek in resistance: Phanek used as means to enhance bandh and blockade in protest;, phanek
imposed on school girls from standard IX as a symbol of asserting the Meitei culture; and the nude protest of women in front of Kangla
as an symbolic assertion of their power to disrobe themselves as a mark of resistance against the brutal rape and murder of a
Manorama. Each moment reflects a political act that which revolves around phanek and its symbolic capital. Phanek has been used as a
symbol of repulsion, then as defiance and as symbol of resistance, which are embodied in each of the three moments.
Human Rights Beyond The Law: Politics, Practices And Performances Of ProtestSedition Laws and Strategies of Resistance
The civil rights landscape in India has recently seen an intense interest in a 141 year-old law that purports to punish those who are
not considered loyal enough, or who show ?disaffection? towards the state. The law of sedition has its roots in common law, and was
introduced in 1870 by the British to help put down resistances linked to the First War of Indian Independence in 1857.
What makes this law, especially ironic, is that it has been used against some of the most prominent figures in the Indian independence
movement including Tilak and Gandhi. In the Constitutional Assembly debates, the term sedition was dropped from the exceptions to
Article 19 (1)( a) which guarantees the freedom of speech and expression, after a number of strong interventions from members who
wanted the Indian state to learn from their experience. Supreme Court lawyer and legal commentator Rajeev Dhavan has commented on how
sedition provisions are a prime example of the manner in which the imperial powers of a foreign government are transformed into the
normal powers of an independent regime. While the term sedition does not find a place in the Constitution, it remains a part of the
criminal law of the land, and continues to be used to harass, and arrest a wide range of persons ranging from political opponents, to
students, journalists, human rights activists, and artists. The arrest of Dr. Binayak Sen on charges that included those of sedition,
hasve resulted in a renewed debate on the validity of this law.
The ongoing debate on sedition laws in the country hasve highlighted that wide gap between the law as declared by the Supreme Court
(that sedition can only be constituted when there is incitement to violence) and the interpretation of the law by trial courts and the
police. In a recent meeting held by the People?s Union for Civil Liberties (PUCL) in New Delhi, accounts by activists from states
across the country strongly suggest that the sedition law is used to clamp down on dissent regardless of whether there is incitement
to violence or actual violence. Examples that have been highlighted by the media corroborate this account. For instance, in 2008, the
resident editor of the Times of India, Ahmedabad, was charged with sedition because he wrote about the links between the city?s police
commissioner and the underworld.
This paper will attempt to nudge our attention towards this larger phenomenon through an exploration of the debate on the sedition
laws, and explore what this gap between the law and the manner in which it is used means for strategies of resistance and for our
collective democratic future.
Siddharth Narrain is a lawyer and legal researcher with the Alternative Law Forum, Bangalore. His areas of interest include gender and
sexuality rights, media law and censorship related issues, and human rights law. He has previously worked as a journalist for
Frontline Magazine and The Hindu in New Delhi
Literatures that Emerge from Within Social Movements and Re/presentations of Resistance: The Case of the Bhopal Gas Tragedy
Bhopal Gas Tragedy has generated an entire body of ?literatures? that can be categorized as popular, academic and official. However,
if used separately, they fail to define the event. The Author uses the term ?literatures? as an elusive category that brings within
its folds different discourses. She looks at some of the significant mainstream literatures that are pro-establishment and media
driven, subaltern literatures produced by Non-Governmental Organizations, but is primarily interested in the third neglected category
of oral, homespun, emotive and empowering literatures belonging to the impacted community that hardly gets written about.
It is important to understand how these separate categories co-exist. On the face of it, these disparate discourses are a necessary
part of the dynamic field, and create the framework, within which the State versus People gets worked out officially. Subaltern
literature gets sidelined through middle-class interventions, and what gets showcased is the ideological point of view that endorses
well-defined notions of development and corporatization.
It is in this context of representation that literatures emerge from ?within? social movements as tools of resistance against
monolithic powers. Such literatures being mostly oral in nature are politically significant, since most of the survivors, especially
women, are not as literate or educated. Using historical time-lines to show changing material conditions to bring about changes in the
nature of representations is important. But, the only way to increase the visibility in the global arena is by bringing in the
outsider?s perspective on social movements.
An important issue that will be addressed is how learning happens in social movements, using two theoretical modules ? ?cognitive
praxis? and ?contentious performances? ? to talk about how people?s knowledge gets played out in performative and verbal/gestural art
forms. We will see how a needs?- based fight for material benefits changes to a rights?- based struggle for a life of dignity, and how
people?s knowledge becomes an important tool. These movements introduce social and political beliefs, drawn from specific cultural
contexts, into technological and specialized knowledge. Media is brought to capture these images and spread them to a larger audience.
Pertinently, writers and artists come to these events to show their solidarity. Bhopal has always been a non-violent movement, using
peaceful methods of protest. It has generated literatures in the form of street plays, etc. The Author takes up a few such
representations that are both visual and performative. By tracing innovative actions from the initial stage of planning to its final
execution, she will show how it becomes a text that is conceptualized and scripted by grassroots activists, who get to be empowered by
telling their stories in their own words.
The city must continually act as a magnet, attracting and retaining the surplus of the countryside, becoming a lodestone for the
aspirations of national, and increasingly international populations, even as it must struggle to contain itself within a recognisable
centrifugal scheme, a given identity, a finite residential, cultural and commercial axis. It must dream extravagantly, produce
wastefully, consume excessively, and yet it must prevent its own dissolution through excess. This ambivalence at the heart of
urbanisation may well be one whose resolution is impossible to achieve within the contemporary developmental paradigm; with the result
that conflict over urban space (space in the broadest possible sense ? material and otherwise) is an inevitable, not unfortunate or
accidental, part of all urban development.
I explore these issues as they reveal themselves in and around contemporary Delhi, looking particularly at the margins of the city
where I believe the contradictions of the contemporary urban habitat become dramatic, and conflict assumes an entirely different
valence compared to the more settled centre of the city. The National Capital Region (NCR) ? an official term that denotes Delhi and
its surroundings ? includes vastly diverse urban landscapes; as noted by urban theorists, most big cities in the world are now better
understood not as finite spaces, but as potentially limitless metropolitan regions. Delhi is no exception. Further, it is in this
hinterland that violence remains an ever-present possibility ? from industrial action gone awry to destruction of public property and
individual or group crimes against capital. Of course, the north Indian hinterland has established cultures of violence that seem to
have little to do with the State, or with industrial capitalism ? caste or patriarchal violence for instance. My intuition hunch is
however that older forms of violence 'hook' into newer forms and create an entirely new scenario that needs studying. I would like to
understand the contours of conflict as manifested especially in seemingly sporadic acts of violence, assuming a priori that such acts
may constitute a form of protest, and taking their public-ness seriously. I believe public acts of violence (some organised; others
more desperate or even utterly random) in the context of the contemporary city can be routes for marginal actors and subalterns to
forcefully enter the realm of the political, even when such events appear to have no formal relationship to organised political
structures. To that extent, such acts must be seen not just as the staking of a claim to highly contested and precious urban space
(which they very often undoubtedly are) but also as re-conceptualising concepts like 'the public', human rights and citizenship itself
in a way that normative political theory normally doesn't allow us to see.
From Russia With Love
For as long as the concept of revolution is alive in the history of mankind, we can never be far away from the agit prop (agitational
propaganda), in theatre and even otherwise. For the agit prop in essence breeds on protest, on revolution, on the hope that the masses
can be indoctrinated/educated so that they transform from passive spectators to active participants engaging in the struggle for
change. Following Phillip B. Zarilli?s lead, I refer to such theatre not in the narrow sense of drama whose subject matter deals with
the staging of a social crisis or a revolution, but rather to the entire spectrum of publicly enacted events such as rallies,
meetings, marches, protests and the like that often take place during, and/or are inspired by periods of social and political crisis
and/or revolution (Goodman and Gay, 2000).
In this paper I will briefly trace the origin of the modern day understanding of the agit prop to the Bolshevik Revolution and observe
how the Blue Blouse movement made use of the agit prop methodology in its their performances. What I am interested in exploring is the
modus operandi of the agit prop i.e. the means by which it reaches out to audiences. While in theatre the script and its language(s) ,
its symbols and symbolism, the historical context embedded within it, are of primary importance given that agit prop theatre is a
response to historical changes in political events,; but it is the other ?paraphernalia? of the agit prop that draws immediate
attention. It is these props that the paper will focus upon.
These props of the agit prop, especially in theatre, are involved in a psychological conditioning of the spectators, pre- and post-
performance. In its their use of leaflets, handouts, fanzines, of unconventional ?stage? spaces and ?sets? among other communicative
devices, the agit prop, more than any other performative genre , recognizes the strength of the performative arts and the immense
ability of the human mind to respond to stimuli. Agit prop in theatre and in other forms proves how aesthetic and dramaturgic
materials play important roles in mediating social and individual action.
In culling out each of these aspects, the paper will look at the use of the agit prop, both by theatre companies as well as by the
people at a particular moment in history. So from the practice of the agit prop by the Blue Blouse workers in Russia the paper will
look at its use in the Philippines, South Korea, Czechoslovakia, United States, Africa, Australia, India and lately, Egypt.
Antigone?s Claim? : Political Extremity and Performance of Pain by Women on the Indian Stage
This paper will attempt to analyse the social conventions that surround performances of pain and shame (especially by women?s bodies
on the contemporary Indian stage) in order to explore the fraught borders between the real and the theatrical, the felt and the
perceived, the instrumental and the ethical. It will seek to explore how notions of ?acceptable? theatricality are determined within a
dominantly secular liberal society and how these may be challenged at moments by an ?actor? who is also an ?agent of pain and shame?.
It seeks to explore also how newer modes of political action maybe forged through the performance of pain, whether in theatre or
outside it. Nandikar?s production of Antigone was first staged in Bengali in Kolkata on the 25th of March, 1975. Keya Chakraborty
played the lead role while Ajitesh Bandyopadhyay played the part of Creon. The adaptation and direction was by Rudraprasad Sengupta
who names both Sophocles and Jean Anouilh as his sources. Performed during the national Emergency, Antigone?s repeated and resounding
?no? to Creon, in this adaptation by Nandikar, appears to be an absolute refusal, one that does not contain a possible ?yes? within
its folds. It is a ?no? without a pragmatic directionality or a definite telos that can viably be translated into concrete
eventualities. In the extreme political conditions of the Emergency, Antigone is the exception of the exception ? the sheer liminality
? that exposes the limits of the state?s reason and like every aporia worth its name, she is not teleologically calculable. Her action
is performative in essence; like a ?curse? or a ritual chant, its content does not inhere solely in what it ?states?. But in being
performed, her action brings into being something that is in the nature of an unorganized surplus that cannot possibly be subsumed
within the logic of the state, even though and especially because, it achieves nothing instrumentally. Read this way, in Antigone?s
claim, and in the actress Keya Chakraborty?s assertion of the importance of saying a repeated and resounding ?no? in the face of the
most depressing knowledge one?s ineffectuality in the realpolitik, we are perhaps looking at a significant reformulation of what
conventionally counts as political ?action? itself. This paper seeks to elaborate on why this is so.
Remaking Leviathan: Rulers, Civilizers, and Rebels in Historical and Contemporary Jharkhand
As state, media, activist, and academic discourses speak in one voice over "Maoists," what I want to ask in this paper is who is a
Maoist and what it means to resist the state in the heart of India. Based on extensive ethnographic fieldwork and archival research on
Jharkhand, I argue that rebellion must be understood as emerging from the interstices between the state, civilizers such as
missionaries and NGOs, and rural adivasi elites. Furthermore, I point to clear parallels between contemporary repertoires and
strategies of subaltern resistance in Jharkhand and those associated with Birsa Munda's revolt (1895-1901) against colonial authority
over a century ago. As such, I conclude, we ought to view both sets of adivasi rebels as engaged in local and regional contests over
land, forest and water resources (jal, jangal, jameen), and hence, as attempting to negotiate sovereignty within the structures of the
Indian state as well as their respective communities.
Uday Chandra is a Ph.D. candidate in the political science department at Yale University. His research interests lie at the
intersection between agrarian studies, comparative studies of state formation and resistance, postcolonial theory, political
anthropology, and South Asian history. His dissertation studies the historical causes and social dynamics of conflict and violence in
contemporary Maoist insurgencies in India, focusing on the forest state of Jharkhand in eastern India. Beyond academia, he is writing
a novel inspired by the extraordinary history and politics of ordinary people in the forests of Jharkhand; works with PRADAN, a
leading Indian NGO, to rethink livelihood options for rural communities in the conflict zones of eastern and central India; and he is
co-founder and president of a non-profit trust, AACT, which aims to spread awareness of tribal rights and culture in the region.
Unlearning Human Rights and False Grand Dichotomies: Indonesian Archipelagic Selves beyond Sexual/Gender Universality?
This study presents a critical genealogical analysis of the narratives and politics of representation of various human subjectivities
in Indonesia who transgress the dominant universalising sexual and gender norms. It traces both macro- and micro-streams of
regulation, including those reliant on a liberal legalistic discourse of human rights, whose extremities produce the stringent
?heteronormative? versus ?homonormative? poles ? the two mutually reinforcing otherworlds bereft of the intrinsic complexity of
sexual/gender experience across the country?s archipelagic selves. This tacit othering, inapt to account for numerous local identitary
frictions, transitions and re-appropriations owed, inter alia, to distinct non-sexual and non-gender communitarian dynamics, continues
to usher in an alien dichotomy of personhood, whose referential, idealised ?self? and juxtaposed ?other? are both violently simplified
and tainted with heightened ideological overtones.
Against a backdrop of these impoverished binaries, this study confronts the multiple difficulties that a researcher of such phenomena
inevitably encounters, ranging from the perils of internationalised taxonomies (pertinent to sexuality/gender studies and their
varying theoretical streams), such as ?LGBT?, to the paradigmatic strategy of silent disidentification (the refusal to self-identify
with certain or any groups founded on sexual/gender difference), employed by the local subjectivities as a peculiar form of
resistance. It is posited that these complexities are perhaps best captured and exposed if numerous globalised a priori binaries
(?hetero?/?homo?, ?male?/?female?, ?East?/?West?, etc., including the moralistic liberal discourse on ?regress?/?progress?) and
legalistic ?panaceas? (e.g., liberal discourse on human rights) are gradually unlearnt and disestablished in favour of locale-specific
inquiries into collective and individual selves and their counter-hegemonic social stratagems. The Indonesian narratives of
?polyversal? (Eisenstein) personhood offer one such opportunity
Vanja Hamzi? LLM, is a PhD in Laws researcher at King?s College London. He is a founding member of the Muslim Advocacy Initiative. He
has researched and worked with a number of gender-variant and sexually diverse Muslim collectives in Europe, the ?Middle East?, South
Africa and South East Asia. In his native Bosnia and Herzegovina, he has been the co-founder and president of Logos, an inter-faith
non-patriarchal organisation, and the Editor in Chief of Abraham, a magazine for culture of inter-religious dialogue.
His research interests primarily revolve around the contemporary non-patriarchal Abrahamic communities and their access to the
interpretative legal, theological and social mechanisms which challenge both hetero- and homo-normativity. His most recent
publications include Reforming Mental Disability Law in Africa: Practical Tips and Suggestions (University of Nottingham, August
2010), co-authored with Peter Bartlett; Control and Sexuality: The Revival of Zina Laws in Muslim Contexts (Women Living Under Muslim
Laws, December 2010), co-authored with Ziba Mir-Hosseini; and ?The Case of ?Queer Muslims?: Sexual Orientation and Gender Identity in
International Human Rights Law and Muslim Legal and Social Ethos? (2011) 11/2 Human Rights Law Review 237-274..