This article is an attempt to understand “Bounds of Ethics in a Globalized World”, the hiatus between principles, norms and values and how they are codified on the one hand and the risks that follow when the actualisations of regulative principles fail in political reality on the other hand. Considering the political, economic and social reality, it is frequently diagnosed that reality is lagging far behind the potential of constitutionally guaranteed rights and duties. A variety of constitutionally guaranteed values suffers (...) from devaluation. Taking examples from Bavaria in Germany, questions concerning whether the Bavarian society is at the borders of ethical capacities, or whether the limits of possible ethical regulation have been reached are dealt with. Important parallels in the genesis of the Bavarian and the Indian constitution are highlighted in this context. Through an understanding of the ideas of Ludwig Erhard, a pragmatic approach and an innovative model is proposed for cultivating values in a sustainable way. The importance of values of virtues is discussed and an emphasis is put on the importance of practiced virtues. (shrink)

This article examines the right to commercial speech that has been read into the right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Restrictions on this right are only permitted if they come within the ambit of the exhaustive list of reasonable restrictions under Article 19(2), under which public health is notably absent. Nevertheless, through the doctrine of harmonious construction, the Indian judiciary have adopted a purposive interpretation to circumvent the omission of (...) public health by carving up freedom of commercial speech into two parts: protected speech which furthers public interest and unprotected speech which is purely commercial. Moreover, the Indian courts have construed these provisions in light of the right to life under Article 21 and the health-related Directive Principles of State Policy under Part IV of the Constitution. This article concludes that judicial creativity in India has consistently been used in favor of protecting public health. (shrink)

The advent of techniques of sex selection that rely on assisted reproduction led to a questioning of whether sex selection should be deemed always and everywhere unethical. While China and India are normally associated with condemned practices, they are also implicated in processes that constitute globally stratified sex selection inclusive of its more valued form, often referred to as family balancing. Through an application of Ong and Collier’s concept of global assemblage, I demonstrate how family balancing, which has taken (...) on a “global form,” is tied to an “assemblage” of factors related to the anti-natal, population control contexts that have been pervasive in Asia. Three simultaneously occurring processes since the mid-1990s constituted stratified sex selection: the surfacing of China and India as figurative counter examples in deliberations of ethics on new techniques; active national surveillance of sex ratios as well as denunciation and criminalization of sex selective abortion in China and India; and the role of China and India in neoliberalizing population control and developing globalized markets in reproduction. Accounting for globally stratified sex selection requires a more robust interpretation of ethics that rethinks disciplinary approaches just as much as relativist ones in which respect for individual autonomy tends to overtake all other concerns. (shrink)

In addition to serving as a competent and sympathetic text for classical Indian philosophy, this book is meant to show that it was the universally presupposed concern of Indian speculation to defend the possibility of human freedom as a liberation from worldly determinism. Early chapters introduce the topics of bondage, self-knowledge, and liberation in a way attractive to the Western point of view. There is a helpful chapter introducing Indian logic. The author's "fresh classification of India's philosophical systems" evolves (...) as a systematic comparison of the alternative Indian theories of relations, and especially those relations of dependence or causality which constitute bondage, and whose reversal would effect liberation.--E. W. (shrink)

Written over the last two decades, these essays answers important questions on secularism. Some of the topics covered are the democratic vision of the new republic of India, the evolution and distinctiveness of India's linguistic federalism, India's secular constitution, the Muslim personal law, and the majority-minority syndrome.

This review of Madhav Kkhosla’s book, India’s Founding Moment, sees his approach as one of “best lights” understandings, that is, an effort to identify and explain the conceptual underpinnings of India’s founding constitution in their best lights. Khosla emphasizes as key the ways in which the constitution’s requirements of full adult suffrage, its intense specificity of language, and its strongly centralized government form, all contribute conceptually to the creation of the democratic citizen of India—a citizen (...) whose rights across the country were secured by a common constitution and central government, whose knowledge of and ability to exercise rights were enhanced by the constitution’s codified approach, and a citizen whose capacities to participate in democratic processes would be developed by the exercise of democratic rights. The review focuses attention on choices about suffrage, comparing India’s with the less inclusionary founding impulses of the United States constitution. It explores nuances of how codification would and would not promote exercises of citizenship rights, noting the importance of adjudication in the construction of the “common knowledge” to which the founders aspired. And the review argues that today, as more illiberal, authoritarian regimes are on the rise, the book’s emphasis on the importance of ideas, words, and common knowledge in constructing liberal, democratic politics is of urgent contemporary importance. (shrink)

In this autoethnographic essay, I reflect on my brief personal experiences of conducting field research on ways in which way a small group of Tibetan Buddhist monks enact a monastic total institution in Ladakh, India. More specifically, I analyze my experiences in view of the relationship between dual and nondual mind, as discussed by Henry Vyner (2002) in Anthropology of Consciousness, and use this analysis to develop preliminary insights into the ways in which a Tibetan Buddhist monastery is constituted.

Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to (...) address the current concerns over democratic backsliding in India. (shrink)

This study attempts to compare ‘the ethical value positioning’ of students of Business and Management studies from India and Germany. A complete enumerative survey was conducted for management students using the Ethical Positioning Questionnaire of Forsyth. There were 134 respondents from India and 57 from Germany. The objective was to confer the differences in ethical positioning of students of two economically and culturally diverse nations. By the end of the research, it was constituted that both German and Indian (...) students demonstrate a high degree of Idealism and Relativism and can be qualified as situationists. Exploratory analysis of the responses resulted in extraction of four factors : Non-Violence, Individualism, Non-Consequential, and Situational value. Within the analysis, Indian students displayed a higher preference for Individualism compared to their German counterparts. This study contributes to the literature in cross-cultural ethical value positioning of young managers. This study also opens a window for future research in the factors such as educational qualification, closed social groupings, and background of the students. (shrink)

Euthanasia and assisted dying are illegal in India according to Sections 306 and 309 of the Indian Penal Code, and Article 21 of the Constitution of India. There have been a number of cases where the Indian High Courts and Indian Supreme Court issued differing verdicts concerning the right to life and the right to die. Nevertheless, on 7 March 2011, a paradigm shift happened as a result of the Indian Supreme Court's judgment on involuntary passive euthanasia (...) in the case of Aruna Shanbaug. In its judgment, the Supreme Court requested the government to prepare a law on euthanasia. Accordingly, the 241st Report of the Law Commission of India proposed a bill to permit passive euthanasia. In May 2016 the Ministry of Health and Family Welfare issued the draft bill for public comment in order to create an informed decision. The Indian people are divided on the issue of euthanasia. The majority of the scientific community welcome it, while some religious groups oppose it. Hindus, in general, express both supporting and opposing views on euthanasia, whereas, Christians and Muslims have hardened their opposition against it. The Supreme Court judgment and the Report of the Law Commission pave the way for the development of new policies pertaining to passive euthanasia by the central government of India. Once such legislation is passed, passive euthanasia may, and probably will, have an enormous impact on the cultural, political, public and medical spheres of India in the near future. (shrink)

This paper is organized around the theme of political representation in India. Its first section deals with the changing politics of representation in India in the past two decades, the growing demands for proportional representation, and for political inclusion of two influential groups: the scheduled castes and tribes and Other Backward Classes. In the second section, representation is briefly explored in relation to women and minorities. The third section deals with some reflections on the challenges of political representation (...) in India’s diverse democracy. The author aims to account for the varied trajectories of caste, community and gender in Indian politics through an analysis of the politics of representation. The main argument developed here is that the politics of presence does not offer a resolution to the problems of under-representation nor to the more fundamental issue of the representation of the interests of constituents, especially the needs of the most vulnerable. (shrink)

On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and (...) shelter. In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train while they were resting on the railway tracks. The images of the Roti on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide. (shrink)

Madhav Khosla’s brilliant book, India’s Founding Moment, is self-consciously a work on the history of ideas. Nonetheless, the subtitle of India’s Founding Moment—The Constitution of a Most Surprising Democracy—implies that Khosla draws a connection between the ideas that shaped the creation of constitutional democracy in India and its endurance. In this review, I pose the question of whether the design of the Constitution can be a source of constitutional resilience against the rising threat of authoritarianism (...) and Hindu majoritarianism. (shrink)

The great history of India conceived by K. M. Munshi, the first undertaking of this magnitude to be carried out entirely by Indian scholars, is continued with Vol. Ill, which covers roughly the period from 320 to 750. After an interval of about ten months, it follows Vol. II, The Age of Imperial Unity, which embraced the period between 600 before our era and 320 after; the first volume, which appeared in 1952, had, naturally, dealt with the sources (‘up (...) to 600 b.c.’), or what is conventionally known as ‘the Vedic period’. As is well known, the scientific editor is the esteemed historian R. C. Majumdar. To him, in this volume, has fallen the all important task of compiling the chapters on dynastic history which occupy the first three hundred pages, with the exception of the history of the Deccan monarchies, which was entrusted to the epigraphist D. C. Sircar (who has undertaken also Ceylon and the Châlukyas), another exception being the period of the Pallavas and other kingdoms of the South, treated by R. Sathianathaier.An original characteristic of the work is the important part—in this volume actually preponderant—occupied by the elements constituting Indian culture at the epoch under consideration: literature (G. V. Devasthali, H. D. Velankar, Srinivas Iyengar), political and juridical theory (U. N. Ghoshal), religion (Nalinaksha Dutt, A. D. Pusalker, A. M. Ghatage, D. C. Sircar and others), art (S. K. Saraswati, N. R. Ray), general social questions (U. N. Ghoshal). Finally R. C. Majumdar returns to describe India's exchanges with the outside world and adds a summary of the expansion of Indian culture in Asia. (shrink)

The judgment depicts the strong and compassionate approach taken by the court towards animals, particularly bulls used in bullock cart races and Jallikattu. The case is another addition to the several decisions that have pushed in for a more expansive reading to the expression “life” and “dignity” under the Constitution. With the objective of giving a more inclusive meaning to life and dignity, the case accommodates the duty to preserve the dignity and wellbeing of animals as being a part (...) of the constitutional framework. (shrink)

Many concerned citizens, including judges, bureaucrats, politicians, activists, journalists, and academics, have been claiming that Indian democracy has been imperilled under the premiership of Narendra Modi, which began in 2014. To examine this claim, the Article sets up an analytic framework for accountability mechanisms liberal democratic constitutions put in place to provide a check on the political executive. The assumption is that only if this framework is dismantled in a systemic manner can we claim that democracy itself is in peril. (...) This framework helps distinguish between actions that one may disagree with ideologically but are nonetheless permitted by an elected government, from actions that strike at the heart of liberal democratic constitutionalism. Liberal democratic constitutions typically adopt three ways of making accountability demands on the political executive: vertically, by demanding electoral accountability to the people; horizontally, by subjecting it to accountability demands of other state institutions like the judiciary and fourth branch institutions; and diagonally, by requiring discursive accountability by the media, the academy, and civil society. This framework assures democracy over time – i.e. it guarantees democratic governance not only to the people today, but to all future peoples of India. Each elected government has the mandate to implement its policies over a wide range of matters. However, seeking to entrench the ruling party’s stranglehold on power in ways that are inimical to the continued operation of democracy cannot be one of them. The Article finds that the first Modi government in power between 2014 and 2019 did indeed seek to undermine each of these three strands of executive accountability. Unlike the assault on democratic norms during India Gandhi’s Emergency in the 1970s, there is little evidence of a direct or full-frontal attack during this period. The Bharatiya Janata Party government’s mode of operation was subtle, indirect, and incremental, but also systemic. Hence, the Article characterizes the phenomenon as “killing a constitution by a thousand cuts.” The incremental assaults on democratic governance were typically justified by a combination of a managerial rhetoric of efficiency and good governance (made plausible by the undeniable imperfection of our institutions) and a divisive rhetoric of hyper-nationalism (which brands political opponents of the party as traitors of the state). Since its resounding victory in the 2019 general elections, the Modi government appears to have moved into consolidation mode. No longer constrained by the demands of coalition partners, early signs suggest that it may abandon the incrementalist approach for a more direct assault on democratic constitutionalism. (shrink)

This paper concerns the reformulation by British expatriates and the first generation of English-speaking Indian intellectuals of the key ideas of European constitutional liberalism between 1810 and 1835. The central figure is Rammohan Roy, usually seen as a of Hinduism. Here Rammohan's thought is set in the context of the Iberian and Latin American constitutional revolutions and the movement for free trade and parliamentary reform in Britain. Rammohan and his coevals created a constitutional history for India that centred on (...) the institution of the panchayat, a local judicial body. While some expatriates and Indian radicals discussed or for the country as early as the 1830s, Rammohan himself argued for constitutional limitations on the Company's power and Indian representation in Parliament. Under liberal British government, he believed, an Indian public would emerge, empowered by service on juries and the operations of a free press. (shrink)

The present book, “Rights of Depressed Classes: A Constitutional Approach “is the fourth e-book of the Centre which includes the essence of the occasional papers presented in several seminars. Human Rights is one of the majors subjects for discussion in academics as well as in social sector and has an international approach to social issues and problems. The struggle to promote, protect and preserve human rights changes and holds continuity in every generation in our society. The concept and practice of (...) human rights is the hallmark of any modern society. Marginalized Groups of India includes SCs/STs, Women and Children etc. The Constitution of India provides equal rights to all its citizens’ right to live with equality, honour and dignity. But the caste system and untouchability somehow and others are still playing negative roles from different parts of the society. Talhan, Meham, Dulina, Gohana, Saalwan, Chakwada, Khairlanji, Khandamal and Mirchpur are some of the recent instances of atrocities against Dalits in India. Atrocities against Dalits thus continue to exist even today, despite constitutional safeguards, and various legislative measures. Empowerment is the process of increasing the capacity of individuals or groups to make choices and to transform those choices into desires actions and outcomes. (shrink)

The author o ers a brief report of introducing the study of religion in India since 194 While doing so he refers to the Constitution of India, so-called Nehruvian Consensus, the Kothari Commission which made an important distinction between ‘religious education’ and ‘educa- tion about religion’, as well as several other bodies responsible for national policy on education, which gave a unique shape of Indian secularism.

During the second half of the nineteenth century, land frontiers became areas of unique significance for surveyors in colonial India. These regions were understood to provide the most stringent tests for the men, instruments, and techniques that collectively constituted spatial data and representations. In many instances, however, the severity of the challenges that India’s frontiers afforded stretched practices in the field and in the survey office beyond breaking point. Far from producing supposedly unequivocal maps, many involved in frontier (...) surveying acknowledged that their work was problematic, partial, and prone to contrary readings. They increasingly came to construe frontiers as spaces that exceeded scientific understanding, and resorted to descriptions that emphasized fantastical and disorienting embodied experiences. Through examining the many crises and multiple agents of frontier mapping in British India, this article argues that colonial surveying and its outputs were less assured and more convoluted than previous histories have acknowledged. (shrink)

The book examines how the contemporary Indian situation poses a strict theoretical challenge to Habermas's theorization of the public sphere and employs the method of samvāda to critically analyze and dissect its universalist claims. It invites the reader to consider the possibility of imagining a normative Indian public sphere that is embedded in the Indian context-in a native and not nativist sense-to get past the derivative language of philosophical and political discourses prevalent within Indian academia. The book proposes that the (...) dynamic cooperative space between Indian political theory and contemporary Indian philosophy is effectively suited to theorize the native idea of the Indian public sphere. It underlines the normative need for a natively theorized Indian public sphere to further the multilayered democratization of public spheres within diverse communities that constitute Indian society. The book will be a key read for contemporary studies in philosophy, political theory, sociology, postcolonial theory, history, and media and communication studies. (shrink)

‘India’s founding moment’ a moment of breath-taking political imagination and it is one of the great achievements of Madhav Khosla. to unpack important parts of its pre-history and emergence. This article will look at two questions—one about alternatives and the other about contexts. Regarding alternatives, I am interested in the paths not taken and an understanding of possibilities. I try to get a sense of possible alternative futures or modernities that the founding generation pondered, in the best case allowing (...) us to wonder what we can learn from the choices made as well as from the paths rejected. The other question I raise is the question of the intellectual contexts, in which the founding took place. Coming from a non-Indian perspective, I am interested in the entanglements, the contexts and potentially migrating ideas that emerge. (shrink)

‘On the 26th of January 1950, we are going to enter into a life of contradictions. In politics we will have equality and in social and economic life we will have inequality’. B. R. Ambedkar’s famous last speech to the Constituent Assembly on 25 November 1949 still resonates within contemporary Indian constitutional law, and even more so his following interrogation: ‘how long shall we continue to live this life of contradictions?’ Prima facie societal, the contradiction is however also a temporal (...) one, Indian constitutional law being founded on both the British traditional idea of ‘continuum’ and the American inspired revolutionary principles of ‘pursuance’ of a novel legal and social order. Two recent Indian Supreme Court decisions pertaining to the de-criminalisation of same sex relations ( Navtej Singh Johar v. Union of India) and for the right of menstruating women to enter the Sabarimala Temple in Kerala ( Indian Young Lawyers Association v. Union of India) offer through their differing and sometimes dissenting opinions a glimpse at those temporal contradictions. Through an analysis of both decisions and in particular that of Chandrachud J. and Malhotra J.’s judgements, this article seeks to highlight two radically differing conceptions of temporality applied to constitutional issues, which can themselves be linked back to the transposition of the legal positivist discourse in India within the colonial era: on the one hand, an attempt to continue Common law’s empirical-based tradition and on the other hand, an (apparently) a-historical perception of Law drawn from neo-Roman civilian legal discourse and later normative positivism. If both branches of legal reasoning aim at protecting minorities’ rights, the value they inscribe to History within the realm of Law cannot be further apart. (shrink)

During 1910s–1940s, Indian intellectuals developed physical anthropology as a modern nationalist discipline for the subcontinent. Through their contributions, they sought to construct themselves as disciplinary experts. To legitimize their expertise, even while they remained colonized subjects, Indian anthropologists foregrounded their research as more scientific than that of the colonial administrators. This claim of being better equipped to study the subcontinent’s anthropological diversity was based on the Indian anthropologists’ purported familiarity with the region’s culture and history. This essay shows how their (...) sociohistorical position helped them claim scientific expertise and yet also obscured other imaginations of community identities. Indian researchers insisted on keeping ethnicity and race separate. However, their choice of which communities to study and who to analyze racially reveals how ethnicity and race came to be co-constituted. Identities based on caste, regions, languages, and religion came to be ascribed with racial-biological meaning, often reinforcing existing social hierarchies. (shrink)

This chapter examines the historical emergence of secularism through movements, debates and legal formulations to explain specific features that the concept has acquired in the context of India. The first part examines the tensions between the theoretical narratives of Indian constitutionalism and the practices of politics that lead to the acceptance of three essential conditions of secularism: (a) the state shall have no religion; (b) there shall be no discrimination on the ground of religion; and (c) the individual shall (...) have the freedom to practice, profess and propagate religion. This is followed by the approach towards secularism found in writings of Nehru, Gandhi and Ambedkar. The diversity of religious identities and the widespread religious prejudice, identity conflict and inter-religious strife are main worries of these nationalist ideologues. The third part of this chapter focuses on the ill-defined meaning of secularism that does not accurately reflect the conceptual shifts made by the modern legal system, in which interests of many religious and cultural groups within Indian society are accommodated. The final section critically examines the claim that secularism is a state-led exercise in the following domains: rights of religious denominations, gender justice and social justice. An overview of the legal literature, including pronouncements of the judiciary, shows that secularism is also the domain of experts, bureaucrats and professionals. The history of court decisions about what constitutes a religious practice that is protected by law reveals considerable variation and arbitrariness; it raises questions of group rights in a liberal polity, the limits of cultural accommodation and the conceptions of difference left behind in the realms of family and civil society. (shrink)

India is a rising power in the multipolar world. This book showcases India's endogenous political ideas and strategic thinking, both of which are the key resources that underpin and drive this rise. Kautilya's Arthashastra is a major source of these ideas. It is a premodern treatise on statecraft and a foundational text of political science. So far, political science and international relations theory have largely ignored Kautilya, or, at best, labelled him merely as the 'Indian Machiavelli'. Such a (...) characterisation vastly undervalues the riches and depth of the contributions of Kautilya - a contemporary of Aristotle - whose contributions can be compared more appropriately to those of Artistotle's politics. Kautilya's contributions are recognised by such masters of western political theory as Max Weber and Hans J. Morgenthau. But in South Asia, Kautilya has remained adrift of the academic mainstream and has been given little prominence in public life, both intellectually and politically. Despite such scholarly negligence, everyday life in India - in terms of the institutions and process that constitute it - has remained deeply grounded in the political heritage of pre-modern India, succinctly codified in Kautilya's Arthashastra. These themes are explored in this book through such bridge concepts as the 'modernity of tradition' and the 're-use of the past' in tackling contemporary political problems. These concepts are the key factors that explain the resilience and stability of India's hybrid political institutions and democratic system. 'Kautilya's Arthashastra: an Intellectual portrait - Classical Roots of Modern Politics in India' is an indispensable key to understanding contemporary India and a major contribution to South Asian area studies, comparative politics and global political theory. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Evolution of Pragmatism in India: Ambedkar, Dewey, and the Rhetoric of Reconstruction by Scott R. StroudAlbert R. SpencerBy Scott R. StroudThe Evolution of Pragmatism in India: Ambedkar, Dewey, and the Rhetoric of Reconstruction Chicago and London: The University of Chicago Press, 2023. 302 pp., incl. indexMore scholarly attention needs to be paid to the mutual influences between Asian and American thought, especially with regards to (...) the development, legacy, and future of pragmatism. Fortunately, there have been several notable attempts. Throughout his works, Richard Shusterman frequently incorporates the perspectives of various East Asian philosophies into his articulation of somaesthetics. Multiple scholars have explored John Dewey’s lectures in China and their political and educational impact, such as Jessica Ching-Sze Wang’s John Dewey in China or The Democracy of the Dead by Roger T. Ames and David L. Hall. Still others have highlighted the influence of Indian thought on pragmatism’s forerunners, such as American Philosophy Before Pragmatism (Goodman 2015), American Pragmatism: An Introduction (Spencer 2020), and The Ethics of Oneness (Engles 2021). Perhaps the most interesting inquiries into this influence can be found in a special volume of The Journal of Aesthetic Education (Vol. 43, No. 1) where multiple scholars discuss pragmatism’s connections and comparisons to The Bhagavad Gita, Confucianism, and Taoism. Among these scholars is Scott Stroud whose most recent publication The Evolution of Pragmatism in India (2023) represents the culmination of nearly two decades of research on the subject with special attention to the continuities between pragmatism and Indian thought. In it, he meticulously explores the influence of John Dewey on one of his students, Bhimrao Ambedkar (1891–1956), who was a transformative figure in the founding of the nascent Republic of India. The result is a work of scholarship that shows the global relevance of pragmatism in the 20th Century, [End Page 456] introduces the fascinating philosophy of Ambedkar to a non-Indian audience, and provides an entry for further scholarship on this profound thinker and activist.Bhimrao Ambedkar was a critical figure in the birth of modern India. Born an “untouchable” due to the rigid caste system, he tirelessly advocated for the right of Dalits (“crushed” or “untouchables”). By the mid-20th century, he had greatly influenced Indian politics, safeguarded the interests of the oppressed, and played a key role in drafting the Indian Constitution. Separate to his role as a statesman, Ambedkar promoted Buddhism in the 1950s as an escape from caste oppression, culminating in his publication, The Buddha and His Dhamma (1957). While his name is less familiar outside of India, he was voted the “Greatest Indian” in a 2012 poll due to his profound impact on the nation’s post-independence development. These accomplishments were supported by an extensive education, but unlike most subjects of the British Empire, Ambedkar also studied in the United States. Stroud initiates his study by focusing on this formative period, specifically his time at Columbia University and the influence of the philosopher and psychologist John Dewey. While their relationship has been acknowledged, Stroud is the first to explore this relationship in depth and he not only reconstructs the influence of Dewey on Ambedkar’s Navayana Pragmatism but illuminates the ways that Ambedkar integrated, modified, and even resisted Dewey’s pragmatism.Stroud masterfully builds his reconstruction of this synergy between Dewey’s pragmatism and Ambedkar’s philosophy not out of ephemeral conjecture or pithy textual evidence, but through painstaking, detailed, and exhaustive scholarship. He draws on comparative evidence in their major and minor works, their private correspondence, interviews of Ambedekar’s cohort at Columbia, Dewey’s voluminous lecture notes, and even the marginalia and notecards found between the pages of Ambedkar’s pragmatism bookshelf. Indeed, I often found myself pleasantly distracted as I imagined Stroud’s academic pilgrimage throughout India, Columbia University, and the Center for Dewey Studies to find every scrap of relevant information. In our age of instant information and digital archives, it is refreshing and inspiring to encounter a scholar still willing to trek across the globe for answers to his inquiries. Despite his passion to uncover the influence of Dewey on Ambedekar, Stroud never reduces the... (shrink)

In this text I investigate the increasing usage of the Rights of Nature to approach the task of Stewardship for the Earth. The Ecuadorian constitution of 2008 introduces the indigenous concept of Pachamama and interpretes nature as a subject of rights. Reflecting the two 2017 cases of the Whanganui River and the Gangotri and Yamunotri Glaciers, my main argument is that, although the language of individual rights relies on modern subjectivity as well as the constitutionalism of the secular nation (...) state, it is obviously seen as a trans-cultural tool to justify Human Stewardship over the Earth in the Age of Anthropocene. I argue that the new Rights of Nature debate “provides” a straightforward justification of the Stewardship for the Earth and it includes two moments aimed to transcend European Modernity. The Rights Approach justifies obligations towards nature beyond human interests and it appeals to indigenous knowledge as an alternative sphere of argumentation. The relation of this endevor to the Anthropocene is twofold: The indigenous worldviews can now be translated into Rights of Nature because of the two core items of the Anthropocene that are gaining more and more acceptance: the idea of the Earth as a system and of history as a non-linear process. The scientific description of the Earth system offered by the Anthropocene supports holistic narratives of the Rights of Nature and facilitates the recognition of non-Western worldviews. At the same time the Rights of Nature help to clarify the normative claims implicit in the Anthropocene because the integrity of natural items and processes is presented as the explicit reason for a responsible human stewardship towards the Earth. (shrink)

This paper presents rational and unanimously agreeable norms in (a) governance, (b) economic policy, (c) constitution and (d) religious and scientific beliefs for civilized coexistence. The basis of unanimous agreeability is that individuals do not prefer to have their wealth (including life) robbed, even surreptitiously. This preference is unanimous because even robbers do not want to be robbed. I argue that unanimously agreeable norms are necessary for civilized co-existence of humans and are consistent with the ancient philosophy (Hindutva), which (...) originated in India more than 3000 years BC and is reflected in Gita, https://en.wikipedia.org/wiki/bhagavad_gita. Gita is considered by Courts of India as a philosophical document. The basic ethos of Gita is explicit and transparent: the state (King Dhristarastra) must not allow anyone (including privileged princes like Duryodhan) to take away others' (Pandavas') property even surreptitiously (through Sakuni's rigged game of Pashakhel). The modern constitution ordains freedom through rights to property, liberty and pursuit for happiness of individuals. But it has tacitly allowed establishment of a system (rules) of governance to facilitate surreptitious robbery. Individuals accumulate property like home and retirement savings with a hope to attain freedom, eventually, which they cannot achieve if they are robbed, even surreptitiously. The ancient philosophy of Gita prohibits robbery of any kind and, thus, guarantees hope for individual freedom. The modern philosophy—underlying the established system (rules) tacitly allowing surreptitious robbery—cannot, however, achieve individual freedom. Widespread or inclusive economic prosperity can be attained only if the constitution and rules of law are unanimously agreeable which will be consistent with ancient ethos but not modern philosophy. (shrink)

The practice of rational debate between philosophers from different traditions, especially between Hindu—Naiyāyika and Mīmāṃsaka—, Buddhist and Jain philosophers, is unique in classical India. Around the 7th c., a pan-Indian consensus was achieved on what counts as a satisfactory justification. The core of such discussions is an inferential reasoning whose structure is such that it ensures that its conclusions are recognised as knowledge statements, irrespective of the obedience of the interlocutor. In this line, stories of conversion following those philosophical (...) debates are commonplace in the narratives of the different traditions and regularly involve the conversion of a royal patron. Beside the influence of argumentative practices on social and political changes, theories of argumentation have deeply influenced the whole edifice of philosophy in pre modern India, since no philosopher can claim a thesis without being committed to defend it in this highly regulated dialogical framework. Moreover, the characterisation, as well as the methods to test the validity of this justification, raised the question of the existence of shared principles and was a battlefield for the different traditions to establish their own conceptions on the constitution of the world and on our ability to know it. The aim of this paper is to provide an overview of the contribution of the minority tradition that is Jainism to the framework of philosophical disputation in India. (shrink)

While struggles over land dispossession have recently proliferated across the developing world and become particularly significant in India, this paper argues that existing theories of political agency do not capture the specificity of the politics of dispossession. Based on two years of ethnographic research on anti-dispossession movements across rural India, the paper argues that the dispossession of land creates a specific kind of politics, distinct not just from labor politics, but also from various other forms of peasant politics (...) that have been theorized in the social sciences. It illustrates how the process of land dispossession itself shapes the targets, strategy and tactics, organization, social composition, goals, and ideologies of anti-dispossession struggles. It concludes with reflections on why land conflicts are less easily institutionalized than labor conflicts and may therefore constitute a significantly disruptive force in the emerging centers of global capitalism for the foreseeable future. (shrink)

In the early 1960s, Donald Smith's India as a Secular State questioned the credentials of the Indian state's secularism. Since then the issue of what constitutes secularism in India has loomed large in Indian political thought. Like a number of other key categories in political history, such as nationalism, the debate has centred on the question whether the Indian state's version of secularism is viable in its own right or not, and if it is viable, whether it extends (...) the concept of secularism in new and innovative directions. The other possibility is to see this secularism as a “derivative discourse” , confusedly echoing Western notions of secularism, with the caste and communal complexities of Indian society and the structuring role of religion in everyday life at odds with any coherent or recognisable notion of secularism. (shrink)

The Bhagavad Gita's philosophical and political significance remains forever contemporary. In this volume a group of leading historians reflect on the significance of the Bhagavad Gita for political and ethical thinking in modern India and beyond. These essays contribute new perspectives to historical, contemporary and global political ideas. Violence and nonviolence, war, sacrifice, justice, fraternity and political community were constitutive of India's political modernity, and it was to these questions that Indian public figures turned their attention in the (...) nineteenth and twentieth centuries. Oriented towards the future, these commentaries and interpretations of a text that locates war as the central problem of human life have detached the Gita from antiquity and made it foundational for India's modernity. The book would be of interest to academic researchers as well as general readers interested in South Asian history, Indian philosophy and religion. (shrink)

India has produced several drafts of data policies. In this work, they are referred to [1] JBNSCR 2018, [2] DPDPR 2018, [3] NSAI 2018, [4] RAITF 2018, [5] PDPB 2019, [6] PRAI 2021, [7] JPCR 2021, [8] IDAUP 2022, [9] IDABNUP 2022. All of them consider Artificial Intelligence (AI) a social problem solver at the societal level, let alone an incentive for economic growth. However, these policy drafts warn of the social disruptions caused by algorithms and encourage the careful (...) use of computational technologies in various social contexts. Hence, the emerging data society and its implications in India's social contexts demand immense social science attention, which needs to be improved in the policy drafts, primarily because they are creations of industry stakeholders, technocrats, bureaucrats, and experts from tech schools. In the larger social milieu of digital infrastructure emerging, the fundamental question is whether India's national philosophy envisioned in the Indian constitution is reflected in the policy papers. The paper enquires whether the national data policy upholds the core values dispersed through the philosophy of the Indian constitution, which, among other things, is not confined only to inclusion, diversity, rights, liberty, justice and equality. By focusing on constitutional values, the paper seeks to offer a broader and more critical understanding of India's approach to AI policy by bringing together analyses of a wide array of policy documents available in the public realm. (shrink)

There is a long-standing myth that the history of modern India was foretold at the beginning of the nineteenth century by British liberals who predicted that the enlightened despotic rule of India's new conquerors would, by its beneficial effects, improve the native character and institutions sufficiently to prepare the people of that country one day to govern themselves. Lord William Bentinck, a disciple of Jeremy Bentham, while presenting as governor-general his case for the opening up of India (...) to European settlers, speculated on the possibility of “a vast change to have occurred in the frame of society . . . which would imply that the time had arrived when it would be wise for England to leave India to govern itself”, but added that such change “can scarcely be looked for in centuries to come”. The doctrinal basis within liberal theory for justifying a democratic country like Britain exercising despotic power in colonies such as Ireland and India was securely laid out by mid-century liberals such as John Stuart Mill. The project of “improvement” was revived at the end of the nineteenth century by Gladstonian liberals who inducted elite Indians into new representative institutions based on a very narrow franchise in preparation for some form of self-government. When power was ultimately transferred to the rulers of a partitioned subcontinent in 1947, the history of liberal progress in India was complete. The storyline was laid out, for instance, in Thompson and Garratt's Rise and Fulfilment of British Rule in India or in Percival Spear's revised edition of the hugely successful textbook by Vincent Smith. Even nationalist Indian scholars adopted at least a part of this story, nowhere more so than in the histories of constitutional law which traced the foundations of the postcolonial Indian republic to the progressive expansion of liberal state institutions under British rule. (shrink)

The Bavarian and the Indian constitutions were developed in almost the same period of time. Because of historic experiences the prospect of legal certainty was the determining factor for the representatives of the people in India and Bavaria. They elaborated functioning constitutions and integrated their fundamental ideological principles quite naturally. The Indian and the Bavarian constitution are characterized by their aspirations to balance social injustice, particularly by striking a balance between individual liberty and social need.The history of political (...) economy demonstrates a broad variety of interpretations regarding the meaning and function of value concepts. When we review all these value concepts we identify two poles of the value-concept that still lack compatibility with each other in economical and philosophical schools to this day. Value systems have to be applied situation-sensitive and are in need of a frequent critical reflection; they need to be refused or changed if necessary.Examining some examples of the Bavarian Constitution, we indicate some concordances with regard to contents of the Indian Constitutional Law. The equivalences in the Bavarian and the Indian Constitution incorporate entitlements which should protect citizens against an unjustified economical assault upon their existence. The social value conflicts that occur more and more because of the hiatus to the constitutionally warranted values, and that cannot be solved simply by law or political adjustment, are therefore up for discussion. We then examine the disparity between entitlements and reality and discuss the hierarchy of our values. (shrink)

This article examines the existing and emerging morphology of caste-based discrimination in urban and academic spaces in India. Practices of caste-based profiling are similar to racial profiling or policing but are not acknowledged as caste-based discrimination by the public and the law, since they do not match constitutionally recognized practices of discrimination like untouchability. Caste-based profiling is deeply ingrained in how upper-caste people in urban and academic spaces speak, read, and think. Profiling performs the same function as untouchability, since (...) it weeds out the Dalit from public spaces that pretend to be liberal and secular. Profiling is part of a larger process of “casteization,” which ensures the continuation of caste-based discrimination in newer forms to maintain caste hierarchy and upper-caste hegemony. Profiling traps the urban Dalit in a conundrum with respect to self-representation—should they reveal their Dalit identity to build solidarity with the Dalit, Bahujan, and Adivasi community but risk social ostracization and stigmatization, or should they hide their Dalit identity and try to evade caste-based discrimination? This article defines the emphasis of a new political movement inaugurated by Dalit writers called “Dalitude,” which attempts to break out of this conundrum, challenges casteization, and aims to empower a lower-caste majority. (shrink)

The constitutions of the decolonized new nations were marked by the process of the devolution of power. This process had an impact on the agenda setting and arena setting embedded in these constitutions. ‘Agenda’ refers to the conduct of political affairs and ‘arena’ to the delimitation of the powers of Parliament, the design of constituencies, etc. As a special feature, federalism was introduced by several constitutions. It emerged as a device for the gradual devolution of power. In some instances it (...) proved to be a permanent asset (India), in others it was contested (Nigeria) or rejected (Rhodesia). None of the new constitutions contained adequate provisions for the civilian control of the armed forces. The armed forces were simply taken for granted and their potential political role disregarded. But in many new nations political power was soon usurped by the armed forces and constitutional government was suspended. (shrink)

India has one of the most heterogeneous societies in the world. It is a multi-cultural, multi-linguistic, multi-ethnic and multi-religious country. Constitutionally, it is also a sovereign socialist secular democratic republic. But in recent times, Hindu nationalism or Hindutva has been dominant in shaping Indian politics. Hindutva, a shorthand of Hindu nationalism, is actually a politico-ideological device that appears to be disassociated from the spiritual roots of Hinduism and, to many, it is very much alike to the rise of political (...) Islam. Although Hinduism is native to the Indian subcontinent, Hindutva as a political ideology is comparatively a recent phenomenon which creates a growing concern to the land since 1920s. India experienced the rise of Hindutva as a concrete political ideology in 1923 introduced by V. D. Savarkar as it starts to achieve its popularity since 1980s. Obviously it has many reasons. Hindutva is not a monolithic concept as it is generally perceived. Rather, its text, subtext and context had changed throughout the 20th century depending on the period and leadership. This article aims to analyze the trend of the development of Hindu Nationalism or Hindutva in India since its start in the 20th century through a historical lens. Philosophy and Progress, Vol#69-70; No#1-2; Jan-Dec 2021 P 211-241. (shrink)

The paper seeks to understand India’s evolving rights framework in the backdrop of cow vigilantism. To that end it discusses the human right to food and nutrition, international discussion on minority rights issues in India and the relevant legal and constitutional discussion in India. It finds that India’s rights framework has evolved since proclamation of India as a Republic in 1950 based on the supremacy of its written constitution containing fundamental rights and directive principles (...) of state policy interpreted finally by its Supreme Court. The government took a wise step by not challenging a judicial rebalancing of the rights framework in response to certain executive measures and the Supreme Court interpreted the right to life to include not only the right to the choice of food but also the right to privacy and thereby underscored the obligation of the State to compensate the victims of cow vigilante violence. However, a constitutional polity and secular state would do all well if it did any further necessary to better guard against any recurrence of the breach of civil peace, much less violence, on purely secular issues, including by strengthening and increasing dialogue with all representative communities in all its decision-making on such matters. (shrink)

This book explores how the liberal conception of justice with all its ideological underpinnings is reflected in the framing and working of the Constitution of India, in the adoption of broader socio-economic objectives, in the functioning of judicial and state institutions, and in the formulation and implementation of development strategy. It analyses the dynamics of the relationship between justice, democracy and the state. The book studies the liberal conception of social justice and its sufficiency, and interrogates its performance (...) and adequacy within the structural parameters and cultural conditions of postcolonial India. It provides an analytical exposition of how the borrowed and inadequate conception of liberal justice and democracy inherited from colonial past, and the espousal of the derivative developmental pattern based on modernist and constructivist paradigm, have together failed to achieve the modest target of justice enshrined in the Constitution. Interlinking justice, democracy and state, the book examines their operational dynamics in an integrated framework which has relevance for other Third World countries also because of socio-economic and cultural commonalites. (shrink)

Biobank-based research is not specifically addressed in Indian statutory law and therefore Indian Council for Medical Research guidelines are the primary regulators of biobank research in India. The guidelines allow for broad consent and for any level of identification of specimens. Although privacy is a fundamental right under the Indian Constitution, courts have limited this right when it conflicts with other rights or with the public interest. Furthermore, there is no established privacy test or actionable privacy right in (...) the common law of India. In order to facilitate biobank-based research, both of these lacunae should be addressed by statutory law specifically addressing biobanking and more directly addressing the accompanying privacy concerns. A biobank-specific law should be written with international guidelines in mind, but harmonization with other laws should not be attempted until after India has created a law addressing biobank research within the unique legal and cultural environment of India. (shrink)

Since 2014, two legislative actions, the Transgender Persons (Protection of Rights)Act 2019, and the Draft Trafficking in Persons (Prevention, Care and Rehabilitation) Bill 2021, have been pivotal in re-inscribing the Indian state’s colonial policing of queer kinship networks. By criminalising relationalities outside the heteropatriarchal conjugal home, the sexual subaltern is exposed to the state’s mechanisms of rescue and rehabilitation. These developments have occurred alongside the constitutional recognition of privacy in K.S. Puttaswamy v. Union of India (2017) 10 SCC 1 (...) and the decriminalisation of the anti-sodomy law in Navtej Johar v. Union of India 2018 (10) SCALE 386 which have been celebrated as victories of self-determination and dignity for queer kinship. These judicial pronouncements, although symbolically pertinent, fail to materially protect queer kinship, and with the contemporary advocacy around queer marriage, the need for legal and cultural recognition has obfuscated the substantive needs of pre-existing queer alliances. Queer communities continue to organise for their own emancipation and despite their vulnerability, queer visibility offers a public counter-narrative of resistance and survival against the brutalities of society and the state. (shrink)