South Asia

Organized Panel Session

3 - Subtly but Surely: The Impacts of State Law in Non-state Dispute Processing in India.

Saturday, July 7
8:30 AM - 10:00 AM
Location: Magnolia, Lower Ground Floor

As state law in India increasingly commands foremost jurisdiction over conflict situations violating human rights, state forums are gaining intervention in the processing of several types of disputes today. Disputes are a site for performances, where power equations are negotiated, reciprocities are created and fulfilled, and boundaries of behaviour are tested.
Trends in litigation before the Indian Supreme Court indicate that dispute processing continues to become an issue of interest as well as concern for socio-legal activists in India. In this context, the present paper asks questions about how state and non-state spheres of dispute processing are defined and whether they are actually separate from and opposed to one another.
Using case studies from communities in the rural areas of Uttarakhand and coastal Maharashtra, this paper presents an ethnography of dispute processing that engages with state laws through the use of non-state mechanisms. Placing individual agency at its centre, this paper will discuss the location of disputes within these communities and how their processing holds meanings that go beyond only maintenance of peace and order.

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Send Email for Subtly but Surely: The Impacts of State Law in Non-state Dispute Processing in India.