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Juristocratic reckoning is observable not only “from below.” Collective struggles that employed law animated by the idea that the state should be a vehicle of social justice have provoked a reckoning “from above.” This chapter suggests three dynamics: namely, authoritarian legalism, the dispersion of law, and the tribunalization of law. They reflect differently on the reaction by states and powerful economic actors to what the editors of this volume call “legal apotheosis” but which we would rather refer to as “organic constitutionalism” (Schwöbel 2010). Within these three pathways the chapter observes an active diminishment of the already limited possibilities of law to be mobilized for social justice. In the first modality – the incremental implementation of authoritarian legalism in India – legal measures have been systematically introduced in recent years to “legalize” a dual-law situation long in the making. In a second step, the chapter outlines the dispersion of law in relation to the borders of Europe, where the access to the laws that would nominally regulate these borders (e.g., asylum law) is thwarted by the creation of new legal zones and jurisdictional responsibilities. Third, the chapter observes the tribunalization of law with relation to the regulation of global capitalism, where seemingly egalitarian procedures increase asymmetries and “singularize” injuries. Taken together, the three cases point toward the emergence of a constitutional order that is averse to political conflict being carried out through law. The pathways described in this chapter have hegemonic tendencies; they ensure that political orders are authoritatively institutionalized through law but cannot be contested through it anymore.
Land and forests are integral to India’s Adivasi (Indigenous) Peoples. Lands provide sustenance and livelihoods, are a symbol of social status and dignity, and are central to the Adivasi “philosophy of life.” This chapter analyzes the various nuances of Adivasi land rights in India. It discusses the Adivasi land tenure systems, legal measures for protecting and allocating land, land holding patterns, the nature and scale of Adivasi land dispossession, and the strategies that the Adivasis have adopted to advance and safeguard their land rights. It is argued that, despite constitutional and statutory provisions and various policy measures to protect, promote, and secure Adivasi land rights, they increasingly experience land dispossession in different forms – reflecting an “implementation gap” in practice. This chapter concludes with recommendations for safeguarding Adivasi land rights, such as collaboration between Adivasi movements and civil society organizations, consistent governance measures for different land rights regimes (such as Sixth Schedule in Fifth Schedule Areas), and independent monitoring agencies to maintain accountability on land rights duties.
1. Reflect on the intersectionality of poverty and child labour as highlighted in the story. How do social and economic factors contribute to the perpetuation of child labour globally? 2. Considering the complexities of defining child labour, particularly concerning domestic chores and family-based work, how might this ambiguity impact efforts to address and eradicate child labour effectively? 3. Reflect on social constructs around children and childhood to develop actions that can give voices to children who are usually unheard and unseen. What are these constructs? 4. Think about actions that social workers can undertake to maintain a balance between promoting social protection of the most vulnerable groups of children while ensuring the agency of children and families. What would be priority actions for you? 5. Considering the diversity of experiences among working children, how can policies and interventions be tailored to meet the specific needs of individual children and their families? 6. Keeping in mind the attitude of society where a large number of people prefer to turn a blind eye to child labour, what can social workers do to evolve a society where the duty of care for children is the responsibility of every adult, regardless of whether the child is part of his/her family? 7. Reflect on the challenges faced in the reintegration and rehabilitation of rescued child workers, as discussed in the story. What strategies and initiatives could be implemented to support these children and prevent them from returning to work?
The Introduction starts by considering stand-up in Mort Sahl’s terms, as ‘a primitive form of theatre’. Using a quote by Tony Allen to pin down its key feature, it argues that stand-up is defined by centring on the performer themself, a direct relationship between performer and an active audience, and the appearance and possibility of spontaneity. After briefly considering the history of stand-up in the USA and UK, it goes on to recount the less familiar story of how it developed in Australia, from the emergence of Rod Quantock to the rise of the modern comedy club in the 1980s. It then considers its rapid expansion around the world in the last 30 years – paying particular attention to India, Estonia, and Belgium – and its continuing relationship with the English language even in non-anglophone countries. It finishes with an explanation of the scope and structure of the rest of the book.
The Indus Waters Treaty (IWT) of 1960, though subject to increasing stresses in recent decades (and “suspended” by India in 2025), was long hailed as one of the great success stories of international water disputes. A treaty negotiated to divide the Indus rivers to conform to the new territorial boundaries of the subcontinent’s 1947 partition, the IWT’s ultimate result was to effectively create two separate river basins operating in, and helping to define, distinctive Indian and Pakistani “national spaces” of water control—and “water nationalism.” However, another effect of this approach was also to encourage increasing internal competition—and conflict—over water within each country. This article argues that the roots of this structure go back to the abstract, and environmentally disconnected, form of “nationalism” that dictated the drawing of the original 1947 partition line, and to the ways that state water policy—and the IWT itself—reflected and responded to this.
Equality law has developed into a mature and sophisticated field of law across jurisdictions. At the same time, inequality too has bourgeoned. This Article explores this paradox. It argues that the widening gulf between equality law and persisting inequalities can be addressed through a ‘structural turn’ in equality law. The structural turn is imagined in contrast with the liberal view which sees the harm of inequality/discrimination as something inflicted by and against individuals or collectivities through specific acts or omissions. The structural view places individual victims and perpetrators within the broader dimensions of the social, economic, legal, political, psychic and cultural contexts in which they exist and the power relations within them. The way these dimensions interact with each other and against the relationships of power within them, reveals how structural harm is occasioned. This Article argues that structural harm need not only be treated as a product of structures, including a structure such as equality law, but as the target of equality law which is open to not only enacting structural harm but also structural change.
The present study examines the influence of non-economic factors on women’s labour market participation in low-income neighbourhoods of urban areas in India. For this purpose, we conducted a survey in two slum areas of Kolkata city in West Bengal – one, located in a residential neighbourhood, and another, situated in the dock area of the city and surrounded by factories. Our survey of 384 ever-married working-age women makes three noteworthy observations. First, the location of slums crucially affects the type of paid work that is available and accessible to women. Secondly, although women’s entry into the labour market maybe crisis-driven, the women workers develop an intrinsic valuation of paid work as their right, and as a means of livelihood in the process. Finally, social and community norms explain both the non-participation and the temporary withdrawal of women from the labour force. Thus, the inability and/or the unwillingness of slum women to participate in the labour market primarily stem from the strict adherence to patriarchal norms in general, and community norms in particular, either imposed on them directly by their spouses or indirectly by the community they reside in. Therefore, our analysis highlights the need for tailor-made policies that meet locality-specific needs.
Environmental outcomes can be shaped by underlying politics. This study investigates whether pre-determined election timings affect these outcomes by combining electoral data with remote sensing data on crop burning, forest fires, slash-and-burn activity, and tree cover for 28 major states (covering approximately 3800 assembly constituencies) in India from 2008 to 2019. Analysing 71 elections during this period reveals evidence of the presence of electoral cycles in environmental outcomes, with non-election years experiencing higher levels of environmentally harmful activities compared to election years. These cycles are more pronounced when the incumbent’s party wins without a supermajority in state elections. The study further shows that specific factors, such as high-yield crop varieties, poverty levels, and Scheduled Tribe population proportions, also shape these environmental outcomes across the electoral cycle.
The decision to work is an important yet understudied facet of women’s economic empowerment. This study explores the relationship between married women’s agency over the decision to work, workforce participation, and control over financial resources, using cross-sectional survey data collected in 2022 in India’s three most populous states: Bihar, Uttar Pradesh, and Maharashtra. Employing logistic regression, inverse probability weighting, and partial identification approaches, we demonstrate that married women in all three states are significantly more likely to engage in paid work when they alone have the final say over the decision to work, compared to when their spouse is the primary decision-maker. We also find that sole decision-making about paid work is positively related to married women’s control over money in Bihar and Maharashtra, and with savings and remittances in Maharashtra. In Maharashtra, women who jointly decide about employment with their spouse are also more likely to work than women whose husbands are the sole decision-makers. Joint decision-making is positively associated with women’s control over money in all three states. Our study highlights work-related agency as an important pathway to married women’s economic opportunities and inclusion in India, and is among the first to empirically examine the relationship between women’s work-related decision-making and economic outcomes. These results align with existing evidence on the positive relationship between women’s household bargaining power and health and human capital outcomes, and offer support for designing programmes to promote women’s participation in the workforce.
Misinformation has emerged as a key threat worldwide, with scholars frequently highlighting the role of partisan motivated reasoning in misinformation belief. Yet the mechanisms enabling the endorsement of misinformation may differ in contexts where other identities are salient. This study explores whether religion drives the endorsement of misinformation in India. Using original data, we first show that individuals with high levels of religiosity and religious polarization endorse significantly higher levels of misinformation. Next, to understand the causal mechanisms through which religion operates, we field an experiment where corrections rely on religious messaging, and/or manipulate perceptions of religious ingroup identity. We find that corrections including religious frames (1) reduce the endorsement of misinformation; (2) are sometimes more effective than standard corrections; and (3) work beyond the specific story corrected. These findings highlight the religious roots of belief formation and provide hope that social identities can be marshalled to counter misinformation.
This chapter discusses the variegated dynamics of English-language rap in the complex, stratified, and multilingual sociolinguistic environment of India. The first section provides a brief overview of the historical and sociocultural positioning of English in India. The following section lays out a genealogy of English rap in India, discussing its evolution over the past three decades. The third and final section, which forms the analytical crux of the chapter, uses examples from lyrics and an interview to contextually analyze how the choice to rap in English reproduces as well as contests the intersections between sociolinguistic dynamics, politics of regionalism and marketability, caste identities, and racialization. The chapter concludes with a discussion on how English rap in India is simultaneously rife with possibilities for artists while also transcending the oversimplifications associated with English usage in India.
Pakistan and India were born of conflict and have endured over seventy-five years of rivalry since their birth in 1947. This has led to South Asia being one of the least integrated regions in the world, constraining its economic potential and human development. Yet the relationship has not been one of unending conflict; there have been periods of calm and even hope. Cricket, a common heritage and passion for both, has often delivered episodes of optimism, providing glimpses of what India-Pakistan cooperation could achieve were a conducive environment provided. On several occasions cricket has succeeded in uniting people of the estranged nations, allowing the nascent cultural ties that have existed for centuries to flourish. This article looks at how periods of connectivity and rupture between India and Pakistan have been reflected in the cricketing ties between the two nations and how these ties have been impacted by the wider political environment.
The institutional design of NJMs varies considerably in the manner they enable, empower or constrain worker and community struggles. Whereas the UNGPs effectiveness criteria, along with other key contributions to the NJM design literature, emphasise the importance of procedural fairness, across the cases we studied purely procedural efforts were insufficient to address the deep imbalances of power between business actors and aggrieved communities. However, in some cases, these imbalances were ameliorated by aspects of institutional design that the UNGPs effectiveness criteria leave implicit: the financial and human resources the NJM can mobilise, the authority it can command and the extent to which its design enhances its capacity to exercise leverage in support of human rights redress. Even where the NJM’s design provides leverage, NJM staff frequently hesitate to flex institutional muscle for fear of jeopardising crucial resources and relationships. As such, the usefulness of transnational NJMs’ interventions often depends crucially also on factors beyond institutional design, namely the extent to which aggrieved communities are able to draw on and effectively deploy other forms of leverage and influence.
Ten case studies form the empirical and analytical core of the book. Chapter 1 introduces these cases, detailing the arduous journeys marginalised workers and communities pursue in seeking redress for grievances arising from harmful business practices. Their aims vary, some wanting to improve working conditions or pursue compensation for past wrongs, others attempting to block planned business projects or create pressure for broader change to prevent recurring patterns of human rights abuse. Their efforts, together with worker and civil society allies, to gain meaningful outcomes are marked by creativity and diversity in the sheer multitude of methods utilised. Critically, transnational NJMs are only one avenue they pursue. Despite their vast efforts, significant human rights breaches persist alongside small victories. The cases provide compelling evidence that NJMs are best understood as but one actor within broader systems of transnational business regulation.
Drawing on four historical case studies, this chapter develops a picture of the paths toward civil service reform by interrogating the motivations of reformers, searching for clues as to whether they believed the merit system to be a democratizing reform or not. The first part of the chapter thus trains its sights on the period prior to reform in the United States and the United Kingdom. Whether reformers achieved their goals is a separate question. The second part of this chapter thus focuses on the distributional and representational consequences of civil service reform, looking at two different cases: China and India. In China, the merit system introduced during the seventh century was, in comparison to what preceded it, a democratizing reform, enabling ambitious office-seekers from regional hinterlands to share in power. India's brief interlude with unmediated meritocratic recruitment while under British colonial rule, meanwhile, was not democratizing and was ultimately criticized for effectively shutting the door to government representation among the less well-to-do.
Women and Property inheritance is a complex issue in India. The Hindu Succession Laws give women inheritance rights on ancestral, acquired, and agricultural land. This has led to an increase in their bargaining power and a consequential increase in transaction costs, which ideally should challenge the ex-ante and ex-post HSAA 2005, Coasean cooperative equilibriums. While the normative Coasean theorem propounds the dismantling of cooperation with the rise in bargaining, the Hobbesian framework believes that cooperation can exist through coercion. This process, in which women have bargaining rights yet cooperate, happens through “covert coercion.” Despite increased bargaining powers, women are conflicted between inheritance and maintaining familial ties, where covert coercion forces them to let go of inheritance. The article investigates this conflict women face through the lens of Law, normative Coasean and Hobbesian frameworks, psychological costs, and their Lived Reality. Further, this article investigates various efficiency criteria.
There are several examples of collective action/social movements for the environmental cause in India. The literature on environmental governance and environmental economics, identifies a significant role of the nature of environmental goods with respect to the twin classifying criteria of rivalry in consumption and excludability. The common pool resource and public good nature of environmental property require varied governance approaches. These economic theory-based classifications can be associated with diverse types of property rights regimes in the legal realm. By developing an analytic narrative, this article attempts to identify how common individuals related with environmental movements, identify some of these nuances with respect to nature of environmental goods and associated property rights regimes and develop strategies for improvements. This article utilises secondary qualitative data to examine the perspective of common individuals, groups, and leaders of environmental movements to infer theoretical learnings from a few cases in India.
This study investigates the epidemiology of adolescent suicide in India, addressing the limited research on the subject. Data on adolescent suicide (14–17 years) by sex and state were obtained from the National Crimes Records Bureau for 2014–2019, which included acquiring unpublished data from 2016 to 2019. Crude suicide rates for the period 2014–2019 were calculated by sex and state. Rate ratios (RRs) by sex and state were also calculated to assess changes over time, comparing suicide rates from 2017–2019 to 2014–2016. Female adolescent suicide rates, which ranged between 9.04 and 8.10 per 100,000 population, were consistently higher than male adolescent suicide rates, which ranged between 8.47 and 6.24 per 100,000 population. Compared to the first half of the study period (2014–2016), adolescent suicide rates significantly increased between 2017 and 2019 among less developed states (RRs = 1.06, 95% uncertainty interval [UI] = 1.03–1.09) and among females in these states (RRs = 1.09, 95% UI = 1.05–1.14). Male suicide rates aligned with global averages, while female rates were two to six times higher than in high-income and Southeast Asian countries. Findings highlight the urgent need for comprehensive surveillance and targeted suicide prevention strategies to address this critical public health issue.
Mental health is a global priority, fundamental to the health and development of all nations. The contribution of mental disorders to the global burden of disease is widely recognized; however, a significant care gap exists, particularly in the context of low-and middle-income countries. In India, for instance, there are 0.3 psychiatrists per 1,00,000 population. To address this severe shortage of mental health professionals and resources globally, the World Health Organization has suggested the adoption of a community-based mental health care approach, where the locus of services shifts from institutional care to local communities. Over the last five decades in India, diverse approaches to mental health care have emerged because of the interaction of dominant discourses on community-based mental health care with various socio-cultural contexts. In addition to the government-run mental health program and programs run by medical colleges, civil society organizations have increasingly contributed to this space. Although studies have assessed individual interventions, there exists a need to map these interventions and synthesize the approaches for service delivery to inform public health practice in India and in low-and middle-income countries at large. This narrative review attempts to map and synthesize insights from community-based mental health interventions in India implemented across diverse contexts. We searched peer-reviewed journal articles and book chapters published in the English language between 2010 and 2023. We present the synthesis of approaches used in 41 community-based mental health interventions, where we unpack key intervention components and processes adopted for primary prevention and promotion; identification and case detection; treatment and care, and rehabilitation in the community. This review presents key recommendations for practitioners about the role of community, the diversity and commonalities in various approaches across contexts, the roles of various actors in service delivery, and the shared values guiding the conceptualization and implementation of community-based mental health interventions in India.
This article enquires into pseudonymous Persian texts in South Asia as devices to domesticate non-Muslim technical knowledge and to legitimate the status of a Muslim professional group that emerged from interaction with the Indian natural and social environment. In the Risāla-yi kursī-nāma-yi mahāwat-garī—an illustrated text on the elephant and the elephant keeper, claimed to be authored by one of Noah’s grandsons—the aforementioned profession (acquired from Indian society) is Islamised by making it congruent with the Muslim view of scientific and technical professions as practices dating back to the prophets of Islam. The Kursī-nāma is examined from the perspective of the function of the pseudonymous text and of how its social context shaped the expected function. What does this form of writing tell us, whether deliberately or not, about its hidden authors and their environment? The fictional narrative of the Kursī-nāma is a stratagem that grants new canonicity to a critical subject. From being cursed in the Qur’an, mahout became a respectable occupation in Mughal India due to its close association with royal power. In the Kursī-nāma, the creation of a sacred genealogical tree (kursī-nāma) of the profession and an Islamic ritual associated with it were meant to control and claim authority within both the groups of mahouts and their social environment. From this point of view, the Kursī-nāma constitutes a unique source for investigating the ascension of a professional group and its search for social legitimation.