ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

PropertySubscribe to Property

The Cultural Commons

This article explores the ways in which a background of non-discursive practices that are properly describable as a “cultural commons” underlie the very possibility of law and norm in the governance of a social group. This effi cacy of these practices provides conceptual sources for a recovery of other forms of the common, such as the land or the environmental commons. The idea of a cultural commons is a distinctive ideal that stands apart from other political and moral ideals, such as liberty, equality, and fraternity. It stands apart from ideals of trust and cooperation. The article specifi es how it is related to these, and to other fundamental institutions of modernity, such as capital and the state. As such, it cannot be inserted into constitutions, or directly be the goal of politics. It is a non-optional and non-cancellable ideal, that might be identifi ed with what Marx called “unalienated” life.

How Real Is the Crime Decline in India?

Since 1991 in India, the crime rates of both property-related crimes and violent crimes, except crimes against women, have fallen significantly. While the decreasing trend is undisputed in Western nations, the perception in India is that the crime data has been manipulated by the police. The examination of constituent units composed of a diverse selection of districts in India suggests that the trends are generally similar across the country and are not an outcome of deliberate police practices. Police practices do not present any evidence of geographical bias in the registration of crime.

Condition of Undertrials in India

A large number of the poor, the Dalits and people from the minority communities are languishing in jail as undertrials because of a property-based bail system and a poor legal aid mechanism. This article suggests ways in which both these tools could be strengthened for speedy dispensation of justice.

History of Women's Rights: A Non-Historicist Reading

This essay revisits the history of the rhetoric of women's agency and rights in colonial and postcolonial India in which debates around liberalism were often played out by mobilising the language of self-sacrifice to oppose the language of self-interest. The focus is on the debates around the Hindu Code Bill, 1955-56 which gave Hindu women the right to inherit paternal property and to institute divorce proceedings.

Land Distribution among Scheduled Castes and Tribes

In recognition of the basic proposition that scheduled castes and tribes are the most disadvantaged in respect to land, which largely accounts for their perpetual poverty and makes them vulnerable to injustice and exploitation, attempts have been made by the union and state governments to promote and protect their rights with regard to the control and use of land. Based on 13 major states, the present study shows that even after 50 years of planned initiatives and policy measures, there has not been substantial improvement in the landholding status of scheduled groups, and in some states, it has declined further.
Back to Top