TY - CHAP
T1 - Decolonizing criminal law in India
AU - Sahgal, Rishika
PY - 2023/7/3
Y1 - 2023/7/3
N2 - This chapter engages with the particularities of colonization and its relationship with criminal law in India, to conceptualize decolonization of criminal law for India. The British Empire used criminal law to control and subjugate the bodies and collective movements of Indians. Criminal law, processes, and penal institutions in independent India continue to be used to control and subjugate the bodies and collective movements of Dalits, Adivasis (Indigenous peoples), as well as gender, religious, and political subalterns. Decolonization of criminal law must mean the dismantling of criminal law so that it no longer oppresses and dominates subalterns. The chapter questions whether we should continue to use the language of ‘decolonization’ in the Indian context, given that it is often used to perpetuate subjugation of subalterns under Hindutva or Hindu nationalism.
AB - This chapter engages with the particularities of colonization and its relationship with criminal law in India, to conceptualize decolonization of criminal law for India. The British Empire used criminal law to control and subjugate the bodies and collective movements of Indians. Criminal law, processes, and penal institutions in independent India continue to be used to control and subjugate the bodies and collective movements of Dalits, Adivasis (Indigenous peoples), as well as gender, religious, and political subalterns. Decolonization of criminal law must mean the dismantling of criminal law so that it no longer oppresses and dominates subalterns. The chapter questions whether we should continue to use the language of ‘decolonization’ in the Indian context, given that it is often used to perpetuate subjugation of subalterns under Hindutva or Hindu nationalism.
UR - https://www.routledge.com/The-Routledge-International-Handbook-on-Decolonizing-Justice/Cunneen-Deckert-Porter-Tauri-Webb/p/book/9781032009773
U2 - 10.4324/9781003176619-40
DO - 10.4324/9781003176619-40
M3 - Chapter
SN - 9781032009773
SN - 9781032009797
T3 - Routledge International Handbooks
SP - 391
EP - 401
BT - The Routledge International Handbook on Decolonizing Justice
A2 - Cunneen, Chris
A2 - Deckert, Antje
A2 - Porter, Amanda
A2 - Tauri, Juan
A2 - Webb, Robert
PB - Routledge
CY - London; New York
ER -