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Fragile Hope

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Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Preve...
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  • 18 June 2024
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Against the backdrop of the global Black Lives Matter movement, debates around the social impact of hate crime legislation have come to the political fore. In 2019, the UN Commission on Crime Prevention and Criminal Justice urgently asked how legal systems can counter bias and discrimination. In India, a nation with vast socio-cultural diversity, and a complex colonial past, questions about the relationship between law and histories of oppression have become particularly pressing. Recently, India has seen a rise in violence against Dalits (ex-untouchables) and other minorities. Consequently, an emerging "Dalit Lives Matter" movement has campaigned for the effective implementation of India's only hate crime law: the 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act (PoA).

  Drawing on long-term fieldwork with Dalit survivors of caste atrocities, human rights NGOs, police, and judiciary, Sandhya Fuchs unveils how Dalit communities in the state of Rajasthan interpret and mobilize the PoA. Fuchs shows that the PoA has emerged as a project of legal meliorism: the idea that persistent and creative legal labor can gradually improve the oppressive conditions that characterize Dalit lives. Moving beyond statistics and judicial arguments, Fuchs uses the intimate lens of personal narratives to lay bare how legal processes converge and conflict with political and gendered concerns about justice for caste atrocities, creating new controversies, inequalities, and hopes.

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Price: $32.00
Pages: 358
Publisher: Stanford University Press
Imprint: Stanford University Press
Series: South Asia in Motion
Publication Date: 18 June 2024
Trim Size: 9.00 X 6.00 in
ISBN: 9781503639362
Format: Paperback
BISACs:

"This is an outstanding book, a deeply thoughtful, imaginative, and occasionally startling piece of work. Through examining the social world of the Prevention Against Atrocities Act, it sets out in moving detail the challenges and possibilities of using the law to challenge ingrained forms of discrimination and violence. While pointing out the limits of the transformative power of the law, Fuchs opens up another level of analysis that explores its unexpected effects and possibilities. In doing so, this is a piece of work that is never willing to simply settle for easy answers, forcing us to ask some hard questions. Throughout, the book is highly engaging, beautifully written, and sensitive in its handling of the material and its subjects, making an important contribution to the social study of law and violence in South Asia." —Tobias Kelly, author of This Side of Silence: Human Rights, Torture, and the Recognition of Cruelty
Sandhya Fuchs is Assistant Professor of Criminology at the University of Bristol.
Preface: Positioning Accountability
Acknowledgments
Main Interlocutors
Introduction
PART I. A Kaleidoscope of Imaginaries
1. The Prevention of Atrocities Act: A Social Genealogy
2. Who Owns the Law? Politics and Intimacies of Atrocity Cases
PART II. When Atrocities Become Cases:Rewriting Law's Allegiance
3. The Case That Could Not Be: Police Translations at the Margins
4. Re-)writing Law's Allegiance? Rumors, Deep Truths, and Strategic Disobedience
5. "You Must Not Compromise!": Contested Collectives and Complex Complicities160
PART III Law at the Limits of Hate and Hope
6. Fields of Massacre: A "Hollow" Law
7. Habits of Hopefulness:Legal Labors for a Better Future
Epilogue: New Directions
Appendix: The 1989 Scheduled Castes/Scheduled Tribes Prevention of Atrocities Act as per the Amendments of 2015
Glossary
Notes
References
Index