The Police State And Society Perspectives From India And France

Revised version of papers presented at a conference held at New Delhi during 9-11 February 2004.

The Police, State and Society: Perspectives from India and France is a parallel study between criminal justice systems in India and France. It covers the institutional, democratic and functional aspects of the police and law in the two countries. It discusses the modern aspects of policing and human rights issues in the criminal justice system against a backdrop of violence and conflict. It is useful for students and scholars of sociology, law, criminal justice, political science policymakers and general readers.

This handbook explores how democracies around the world seek to balance democratic values with the requirement to protect their citizens from the threat of politically motivated violence. Over the past few decades, the majority of the world’s democracies have had to confront serious security threats, and in many instances these challenges have not come from rival states but from violent groups. This volume offers readers an overview of how some democracies have responded to such threats. It examines the extent to which authorities have felt compelled to modify laws to evade what would ordinarily be regarded as protected rights, such as personal privacy, freedom of movement and freedom of speech. Grounded in historical analysis, each of the sections addresses past and emerging security threats; legal and legislative responses to them; successful and unsuccessful efforts to reconcile democracy and security; and a range of theoretical questions. The case studies provided vary in terms of the durability of their democratic systems, level of economic development and the severity of the threats with which they have been confronted. The volume is divided into three thematic parts: Strong democracies: United States, Great Britain, France, Germany, Italy, Spain, Australia, New Zealand and Israel Challenged democracies: India, South Africa, Brazil, Argentina and Romania Fragile democracies: the Philippines and Nigeria. This book will be of much interest to students of democracy, security studies, political philosophy, Asian politics, Middle Eastern politics, African politics, West European politics and IR in general.

This book examines the procedural, cultural, and institutional framework of custodial interrogation in India. It explores theoretical and practical perspectives on custodial interrogation practices in India which have been in urgent need for reform and critiques the systemic failure on the part of the police in India to implement suspects’ rights uniformly. This volume, — Analyses the Indian framework of custodial interrogation to identify its fundamental flaws, and emphasises on the need for having a lawyer present during custodial interrogation; — Demonstrates significant evidence on state of suspects’ rights in India through comparative law methodologies with a focus on common law scholarship and jurisprudence, more particularly England and Wales, and supplemented by vital empirical research through key interviews with related institutional parties; — Discusses emerging, seminal jurisprudence of the European Court of Human Rights on applications of the right to fair trial at the custodial interrogation stage, especially shedding light on modern applications of the right to legal assistance in England and Wales, and radical Strasbourg-inspired reforms in other European jurisdictions; — Highlights the right to legal assistance as one of the viable solutions to break the culture of police lawlessness at this critical stage of the criminal process. An invigorating study, this book is aimed at enriching data and hypothesis for academics, policy makers, civil society organizations, and students working in the area of law and legal studies, police and policing, citizenship, and political science.

In recent decades, the issue of gender-based violence has become heavily politicized in India. Yet, Indian law enforcement personnel continue to be biased against women and overburdened. In Capable Women, Incapable States, Poulami Roychowdhury asks how women claim rights within these conditions. Through long term ethnography, she provides an in-depth lens on rights negotiations in the world's largest democracy, detailing their social and political effects. Roychowdhury finds that women interact with the law not by following legal procedure or abiding by the rules, but by deploying collective threats and doing the work of the state themselves. And they behave this way because law enforcement personnel do not protect women from harm but do allow women to take the law into their own hands.These negotiations do not enhance legal enforcement. Instead, they create a space where capable women can extract concessions outside the law, all while shouldering a new burden of labor and risk. A unique theory of gender inequality and governance, Capable Women, Incapable States forces us to rethink the effects of rights activism across large parts of the world where political mobilization confronts negligent criminal justice systems.

This ethnography of everyday policing practices in Lucknow, a major Indian metropolis, demonstrates how police authority and its assumed afflictions are refracted through a multi-dimensional field of social relationships in which power positions and moral boundaries are continually contested and shifting. This field generates among police what legal anthropologist Beatrice Jauregui calls "provisional authority,” a fractured and contingent form of capability and subjectivity that is not always immediately visible or comprehensible. Provisional authority may provide a social good, but with questionable and transmutable efficacy or legitimacy. Drawing on scholarship from anthropology, legal history, sociology, and political theory, Jauregui considers prevalent problems like routinized corruption, bureaucratized cronyism, evidence fabrication and extralegal violence among police as expressions of strategic adaptation and often a sincere if failing attempt to perform what officers themselves consider "real” police work in the face of interference, incapacity, disaffection and fragmented knowledge. This analysis of the fraught nature of police authority in India pushes contemporary theories of state power, legality and legitimacy, and postcolonialism and decolonization in different and provocative directions, opening new vistas for understanding policing as a global historical practice hybridizing local, statist, and transnational modes of producing and performing authority and order. Provisional Authority offers an innovative and challenging read of classical and contemporary theories of the postcolonial state, and an incisive perspective on public order in relation to police authority as co-configured by practice and subjectivity.

This book examines the impact of globalization on some vital aspects of Indian politics, its structures and processes, and identifies the challenges to globalization itself, in order to highlight India’s complex and fascinating story. In 1991, India officially embraced the policy of neo-liberal reforms by signing the GATT agreement, which exposed the country, its society, culture and institutions to the various forces of globalization. Globalization as such may not be new to India, for the country has been embracing the influence of external cultures and civilisations for millennia, but the post-1991 reforms policy marked a significant shift, from a predominantly social welfare state and a command economy to a predominantly market driven one. Through a range of disciplinary perspectives, the authors analyse how India’s version of secularism, communal harmony, nationhood, the public sphere, social justice, and the rights of aboriginal communities came under attack from the forces of the new dispensation. The book goes on to show how globalisation in India has posed fresh challenges to political economy, democracy, federalism, decentralization, parliamentary system, judiciary, and the parliamentary Left. Critically reflecting on themes in the context of India’s globalisation that are local, regional, national and global, this book will be of interest to those in the fields of South Asian Politics, Globalisation, and International Relations.

Whether within or beyond the confines of the state, digitalization continues to transform politics, society and democracy. Information and Communication Technologies (ICTs) have already considerably affected political systems and structures, and no doubt they will continue to do so in the future. Adopting an international and comparative perspective, Digital Democracy in a Globalized World examines the impact of digitialization on democratic political life. It offers theoretical analyses as well as case studies to help readers appreciate the changing nature of democracy in the digital age.