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‘Routledge Readings on Law and Social Justice will be of immense use
to anyone whose study relates to social justice and public policy. Over
seven decades after the Constitution came into force the community of
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castes and tribes, are yet to realise their rights and live with fundamental
human dignity. This volume compels practitioners and students of law
to engage with these issues. Not dealing with rights in an abstract way,
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Constitutional rights are to be realised.’
V.S. Elizabeth, Tamil Nadu National Law University, Trichy, India

‘Routledge Readings on Law and Social Justice is an important and much

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the legal systems emerge in a seamless flow. While each section is distinct,
the continuity among them is very well brought out. This volume is ideal as
a ready reckoner on important issues in law and justice in India.’
Ruchira Goswami, West Bengal National University of Juridical
Sciences, Kolkata, India

‘Routledge Readings on Law and Social Justice offers comprehensive

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legal scholars and practitioners.’
Rukmini Sen, Dr. B.R. Ambedkar University Delhi, India
Routledge Readings on Law
and Social Justice

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

Rights presents some of the finest essays on social justice, rights and public
policy. With a lucid new Introduction, it covers a vast range of issues and
offers a compelling guide to understanding law and socio-​legal studies in
South Asia. The book covers critical themes such as the jurisprudence of
rights, justice, dignity, with a focus on the regimes of patriarchy, labour
and dispossession. The fourteen chapters in the volume, divided into three
sections, examine contested sites of the constitution, courts, prisons, land
and complex processes of migration, trafficking, digital technology regimes,
geographical indications and their entanglements. This multidisciplinary
volume foregrounds the politics and plural lives of/​in law by including
perspectives from major authors who have contributed to the academic
and/​or policy discourse of the subject.
This book will be useful to students, scholars, policymakers and
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itics, conflict and peace studies, sociology and social anthropology. It will
also appeal to legal historians and practitioners of law, and those in public
administration, development studies, environmental studies, migration
studies, cultural studies, labour studies and economics.

Kalpana Kannabiran, is a sociologist and legal scholar, and is

Distinguished Professor at the Council for Social Development. Among
her book publications are Tools of Justice: Non-​ Discrimination and
the Indian Constitution (2012), Gender Regimes and the Politics of
Privacy: A Feminist Re-​Reading of Puttaswamy vs. Union of India (2021),
Law, Justice and Human Rights in India: Short Reflections (2021) and
the edited volumes Violence Studies (2016) and Re-​Presenting Feminist
Methodologies: Interdisciplinary Explorations (2017). Based in Hyderabad,
India, she was formerly Professor and Director at the Council for Social
Development, Southern Regional Centre, has taught at NALSAR University
of Law, and is co-​founder of Asmita Resource Centre for Women. She is a
recipient of the VKRV Rao Prize for Social Science Research (2003) and the
Amartya Sen Award for Distinguished Social Scientists (2012), both for her
work in the field of law.
Routledge Readings

The Routledge Readings series brings together a cluster of key readings

into a single volume which capture important research directions, policy
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• Comprehensive subject guides that will prove invaluable for
scholars, researchers, and policymakers.
Routledge Readings on Law and Social Justice
Dispossessions, Marginalities, Rights
Edited by Kalpana Kannabiran

Routledge Readings on Law, Development and Legal Pluralism

Ecology, Families, Governance
Edited by Kalpana Kannabiran

Routledge Readings on Colonial to Contemporary Northeastern India

Customary Practices, Gender and Livelihoods
Edited by Sumi Krishna

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Resource Conflicts, Militarisation and Development
Edited by Sumi Krishna

For more information about this series, please visit:

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

Edited by
Kalpana Kannabiran
First published 2022
by Routledge
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and by Routledge
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© 2022 selection and editorial matter, Kalpana Kannabiran; individual
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Contents

List of Contributors xi
Acknowledgements xiii

Introduction: Exploring the Contours of Interdisciplinary Law 1

Kalpana Kannabiran

PART I 
Colonialism, Insurgency, Exodus, and the Constitution 37

1 Law and Terror in the Age of Constitution-​Making 39

Ranabir Samaddar

2 The Gandhian Conception of the Constitution 65

Narendra Chapalgaonkar

3 On the Fringe: The Tribal Laws 81

Partha S. Ghosh

4 Law, Rights, and Public Policy 104

Andrea Monti and Raymond Wacks

PART II 
Gendered Habitations of Precarity 137

5 The Trajectories of Work, Sexuality and Citizenship:

The Rights of the Transgender in India 139
Skylab Sahu

6 ‘Vimla to Pagal Hai!’ [Vimla is a Lunatic!] 151

Rani Dhavan Shankardass
x Contents

7 Legitimating Love: Tis Hazari and the Judicial Process 171

Perveez Mody

8 A Legal Framework to Prevent Trafficking of Women and

Young Girls During Disasters in India 216
Manjula Batra

9 Victims, Whores, and Wives: Migrant Women and the Law 234
Ratna Kapur

PART III 
Property, Dispossessions, and Spatial Justice 271

10 ‘Bargaining’, Gender Equality and Legal Change:

The Case of India’s Inheritance Laws 273
Bina Agarwal

11 Production of Space in Urban India: Legal and Policy

Challenges to Land Assembly 315
Varun Panickar

12 Rural Civilities: Caste, Gender, and Public Life in Kerala 330

Sharika Thiranagama

13 The New Technologies and the Constitution of ‘Theft’ 354

Nalini Rajan

14 The Geographical Indications Act: Place Matters 364

Anu Kapur
Contributors

Bina Agarwal is Professor of Development Economics and Environment at

the University of Manchester, UK.
Manjula Batra, former Dean, Faculty of Law, Jamia Millia Islamia, New
Delhi, is currently, Professor of Law, School of Law, The NorthCap
University, Gurugram, India.
Narendra Chapalgaonkar is a former judge of the Bombay High Court, India.
Partha S. Ghosh, former Professor of South Asian Studies, Jawaharlal
Nehru University, is a Senior Fellow at the Institute of Social Sciences,
New Delhi, India.
Anu Kapur is Professor of Geography, Delhi School of Economics, University
of Delhi, India.
Ratna Kapur is Distinguished Professor of Human Rights and
Global Studies (Sessional Faculty), Symbiosis School of Law,
International Symbiosis University and Senior Faculty, Institute of Global
Law and Policy, Harvard Law School.
Perveez Mody is Associate Professor, Department of Social Anthropology,
University of Cambridge and Fellow, King’s College, Cambridge, UK.
Andrea Monti is a lawyer, journalist, and academic. He is Adjunct Professor
of Public Order and Security at the Gabriele d’Annunzio University of
Chieti, Italy.
Varun Panickar is a doctoral student at the Geography Department in the
University of British Columbia, Canada.
Nalini Rajan is Professor and Dean of Studies at the Asian College of
Journalism, Chennai, India.
Skylab Sahu is Assistant Professor in the Department of Political Science,
Miranda House, University of Delhi, India.
xii List of Contributors

Ranabir Samaddar is Distinguished Chair in Migration and Forced

Migration Studies at the Calcutta Research Group, India.
Rani Dhavan Shankardass is Secretary General, Penal Reform and Justice
Association (PRAJA), India and Honorary President, Penal Reform
International, London, UK.
Sharika Thiranagama is Associate Professor of Anthropology at Stanford
University, USA.
Raymond Wacks is Emeritus Professor of Law and Legal Theory at the
University of Hong Kong, Hong Kong.
Acknowledgements

The following chapters are reprinted with permission and reproduced from
the original works. Alterations have been made to eliminate errors (typo-
graphic, citational, and grammatical) in previous published versions of
some chapters and to remove chapter references in text in single author
publications. References have been added as required.
Chapter 1. ‘Law and Terror in the Age of Constitution-​Making’ by Ranabir
Samaddar (Gilles Tarabout and Ranabir Samaddar, eds, Conflict, Power,
and the Landscape of Constitutionalism, Copyright © 2008, Routledge,
Chapter 3). Reproduced by permission of Taylor & Francis Group.
Chapter 2. ‘The Gandhian Conception of the Constitution’ by Narendra
Chapalgaonker, (Narendra Chapalgaonker, Mahatma Gandhi and
the Indian Constitution, Copyright © 2016, Routledge, Chapter 5).
Reproduced by permission of Taylor & Francis Group.
Chapter 3. ‘On the Fringe: The Tribal Laws’ by Partha S. Ghosh (Partha
S. Ghosh, The Politics of Personal Law in South Asia: Identity, Nationalism
and the Uniform Civil Code, 2nd edn, Copyright © 2018, Routledge,
Chapter 4). Reproduced by permission of Taylor & Francis Group.
Chapter 4. ‘Law, Rights, and Public Policy’ by Andrea Monti and Raymond
Wacks (Andrea Monti and Raymond Wacks, COVID-​19 and Public
Policy in the Digital Age, Copyright © 2021, Routledge, Chapter 3).
Reproduced by permission of Taylor & Francis Group.
Chapter 5. ‘The trajectories of work, sexuality and citizenship: The rights
of the transgender in India’ by Skylab Sahu (Bijayalaxmi Nanda and
Nupur Ray, eds. Discourse on Rights in India: Debates and Dilemmas,
Copyright © 2019, Routledge, Chapter 14). Reproduced by permission
of Taylor & Francis Group.
Chapter 6. ‘ “Vimla to Pagal Hai!”: [Vimla is a Lunatic!]’ by Rani Dhavan
Shankardass (Rani Dhavan Shankardass, Of Women ‘Inside’: Prison
xiv Acknowledgements

Voices from India, Copyright © 2012, Routledge, Chapter 6). Reproduced

by permission of Taylor & Francis Group.
Chapter 7. ‘Legitimating Love: Tis Hazari and the Judicial Process’ by
Perveez Mody (Perveez Mody, The Intimate State: Love-​Marriage and
the Law in Delhi, Copyright © 2008, Routledge, Chapter 2). Reproduced
by permission of Taylor & Francis Group.
Chapter 8. ‘A Legal Framework to Prevent Trafficking of Women and
Young Girls During Disasters in India’ by Manjula Batra (Amita Singh,
ed. Disaster Law: Emerging Thresholds, Copyright © 2018, Routledge,
Chapter 14). Reproduced by permission of Taylor & Francis Group.
Chapter 9. ‘Victims, Whores, and Wives: Migrant Women and the Law’
by Ratna Kapur (Ratna Kapur, Makeshift Migrants and Law: Gender,
Belonging, and Postcolonial Anxieties, Copyright © 2010, Routledge,
Chapter 3). Reproduced by permission of Taylor & Francis Group.
Chapter 10. ‘ “Bargaining”, Gender Equality and Legal Change: The Case
of India’s Inheritance Laws’ by Bina Agarwal (Archana Parashar and
Amita Dhanda, eds. Redefining Family Law in India, Copyright ©
2009, Routledge, Chapter 12). Reproduced by permission of Taylor &
Francis Group.
Chapter 11. ‘Production of Space in Urban India: Legal and Policy Challenges
to Land Assembly’ by Varun Panickar (Sony Pellissery, Babu Mathew,
Avinash Govindjee, Arvind Narrain, eds, Transformative Law and Public
Policy, Copyright © 2020, Routledge, Chapter 10). Reproduced by per-
mission of Taylor & Francis Group.
Chapter 12. ‘Rural Civilities: Caste, Gender, and Public Life in Kerala’ by
Sharika Thiranagama (Suryakant Waghmore and Hugo Gorringe, eds,
Civility in Crisis: Democracy, Equality and the Majoritarian Challenge
in India, Copyright © 2021, Routledge, Chapter 1). Reproduced by per-
mission of Taylor & Francis Group.
Chapter 13. ‘The New Technologies and the Constitution of “Theft” ’ by
Nalini Rajan (Nalini Rajan, ed., Digital Culture Unplugged: Probing
the Native Cyborg’s Multiple Locations, Copyright © 2007, Routledge,
Chapter 11). Reproduced by permission of Taylor & Francis Group.
Chapter 14. ‘The Geographical Indications Act: Place Matters’ by Anu
Kapur (Anu Kapur, Made Only in India: Goods with Geographical
Indications, Copyright © 2016, Routledge, Chapter 1). Reproduced by
permission of Taylor & Francis Group.
 Acknowledgements xv

~
I thank Rimina Mohapatra for her support and advice in working through
this volume and for her comments on the introduction. It has been a pleasure
to work with her as always. I am grateful to the contributors for their
cooperation despite very tight timelines. V.S. Elizabeth, Ruchira Goswami
and Rukmini Sen reviewed the manuscript proposal at very short notice.
My sincere thanks to them. Finally, I express my sincere thanks to the pro-
duction team for this project at Taylor and Francis and Newgen Knowledge
Works Pvt. Ltd. for their deft and reassuring handling of this manuscript.
Introduction
Exploring the Contours of
Interdisciplinary Law
Kalpana Kannabiran

The two volumes –​Routledge Readings on Law and Social Justice:

Dispossessions, Marginalities, Rights and Routledge Readings on Law,
Development and Legal Pluralism: Ecology, Families, Governance –​explore
the possibilities for an interdisciplinary conversation on law. A vast and
enduring project, given the pervasiveness and criticality of law in lives and
indeed its constitutive role in societies at different levels not limited to
formal law, the chapters in this collection contribute to an understanding
of different dimensions of law in different locales and historical moments,
and follow different analytical trajectories. The common feature (except for
the article on COVID-​19 in Routledge Readings on Law and Social Justice)
is that they are all focused on the South Asian region, specifically India.
Each of the chapters in these volumes speaks to a particular problem that
connects law to social justice, development, and legal pluralism, helping us
understand these questions from different disciplinary standpoints. In their
diversity and plurality, they make for a scintillating conversation on the
subject that is relevant both to a general and a specialist international, inter-
disciplinary readership for the insights they offer on the field of law, as well
as the insights they offer on law’s travels in India. The chapters in these two
volumes cover conversations around the constitution, gendered precarities –​
in relation to gender identity, work, migration, trafficking –​questions of
property, dispossession and emplacement, ecologies, environment and dis-
aster, the family as a site of rights and wrongs, and legal pluralism, which
is a running thread in several chapters across both volumes. The chapters
also cover different regions and social locations. Bringing them together in
these two volumes and placing them in conversation with each other and
with other relevant work in interconnected fields, enables us to revisit the
expansive possibilities of an ethnographic and historical engagement with
law, justice, and the constitution.
In the introduction, my attempt will be twofold: the first section examines
how a study of law may be approached, and some of its conceptual fields.
This section, common to both volumes, discusses themes that emerge in
the chapters even while moving beyond them to cover, skeletally, some
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