Judicial Discourse and Caste Violence

May 28, 2017 | Autor: Aditya Pandey | Categoría: Violence, Torture, The role of the judiciary, Caste, Bihar
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The situation in which people of Bathani Tola and Laxmanpur Bathe are is much like the situation of the man who received this reply from the doorkeeper. Acquittal of all the accused and rejection of every witnesses account led to massive critique from the academic, activist, victims and survivor's side of the judgment. The following paper is an attempt to sift through this situation of legal justice that was named as normalising injustice in legal way by many. The paper is an attempt to understand the judgment to reflect on judicial discourse emerging from the judgments in Bathani Tola and Laxmanpur Bathe. The discourse is set out in relation with citizenship and constitutionalism, with special emphasis on working of courts. The paper is divided in three sections. The first section shall attempt to unravel and make clear the relation between citizenship, marginalised communities (Dalits and Muslims), constitution and courts. This will be followed by brief explanation of judicial discourse and the discourse which appears in the judgments on Bathani Tola and Laxmanpur bathe. The final section shall attempt to explore the judgment and develop a critique based on caste with a brief input from constitutionalism. This shall strive to understand essences of caste, and its manifestation in instances of Narsamhar and Judgment. Unintended Making Base for the Intended: Clarifying the Course of Action This paper does not intend to provide a critique of state. It is more about engaging with the state in Bihar that is contextualized 2 in case of caste violence in central region of Bihar. It is further narrowed down to two judgments on cases of caste violence, that is, Bathani Tola and
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