Conclusion

2018 ◽  
pp. 274-289
Author(s):  
Tarangini Sriraman

The conclusion of the book argues that state conventions of issuing identification documents and administering poor subjects by absorbing popular knowledge practices did not manifest themselves abruptly or evenly. The very terms and connotations of people demanding certain genres, making and re-making identification documents cannot be read independently of the historical and socio-spatial contexts in which relations between the state and its subjects unfolded. Where the Indian state has drawn out its welfare capacities through popular mobilizations by collectives such as workers’ unions, refugee associations, and slum residents, a unique reliance on a number-based ecosystem threatens to undo the reciprocities and dynamics of governing the poor. We may then be in clamorous need of paper-based infrastructures and potentialities of engendering evidentiary knowledge of the welfare subject where they allow for such innovations.

Author(s):  
Jordanna Bailkin

This chapter asks how refugee camps transformed people as well as spaces, altering the identities of the individuals and communities who lived in and near them. It considers how camps forged and fractured economic, religious, and ethnic identities, constructing different kinds of unity and disunity. Camps had unpredictable effects on how refugees and Britons thought of themselves, and how they saw their relationship to upward and downward mobility. As the impoverished Briton emerged more clearly in the imagination of the welfare state, the refugee was his constant companion and critic. The state struggled to determine whether refugees required the same care as the poor, or if they warranted their own structures of aid.


Author(s):  
Peer Ghulam Nabi Suhail

This chapter begins with tracing the roots of colonialism in India, followed by understanding its various structures and processes of resource-grabbing. It argues, that India has largely followed the colonial approach towards land appropriation. After independence, although the Indian state followed a nationalistic path of development, the developmental approach of the state was far from being pro-peasant and/or pro-ecology. In a similar fashion, hydroelectricity projects in Kashmir, developed by NHPC from 1970s, have been displacing thousands of peasants from their lands and houses. Despite this, they are yet to become a major debate in the media, in the policy circles, or in academia in India.


Author(s):  
Florian Matthey-Prakash

What does it mean for education to be a fundamental right, and how may children benefit from it? Surprisingly, even when the right to education was added to the Indian Constitution as Article 21A, this question received barely any attention. This book identifies justiciability (or, more broadly, enforceability) as the most important feature of Article 21A, meaning that children and their parents must be provided with means to effectively claim their right from the state. Otherwise, it would remain a ‘right’ only on paper. The book highlights how lack of access to the Indian judiciary means that the constitutional promise of justiciability is unfulfilled, particularly so because the poor, who cannot afford quality private education for their children, must be the main beneficiaries of the right. It then deals with possible alternative means the state may provide for the poor to claim the benefits under Article 21A, and identifies the grievance redress mechanism created by the Right to Education Act as a potential system of enforcement. Even though this system is found to be deficient, the book concludes with an optimistic outlook, hoping that rights advocates may, in the future, focus on improving such mechanisms for legal empowerment.


1964 ◽  
Vol 7 (2) ◽  
pp. 230-245 ◽  
Author(s):  
Kathleen J. Heasman

Sidney and Beatrice Webb, in their book The State and the Doctor, which was submitted in the first instance as a memorandum to the Royal Commission on the Poor Laws in 1909, dismiss the work of the free dispensaries and medical missions in one short paragraph.


2021 ◽  
Vol 138 (3) ◽  
pp. 599-616
Author(s):  
Pieter Badenhorst

This article examines the nature and features of ‘unused old order rights’ (‘UOORs’) under item 8 of Schedule II of the Mineral and Petroleum Resources Development Act 28 of 2002 in light of the recent decision by the Constitutional Court in Magnificent Mile Trading 30 (Pty) Ltd v Celliers 2020 (4) SA 375 (CC). At issue was: (a) whether an UOOR was transmissible to heirs upon the death of its holder; and (b) the applicability of the Oudekraal principle to the award of an unlawful prospecting right to an applicant, contrary to the rights enjoyed by the holder of an UOOR. The article analyses the constituent elements of an UOOR, rights ancillary to the UOOR’s and the nature and features of UOORs and ancillary rights. The article also considers the possible loss of an UOOR by application of the Oudekraal principle due to the unlawful grant of a prospecting right by the state, as custodian of mineral resources. The article illustrates that the CC ensured in Magnificent Mile that the Oudekraal principle does not undermine the security of tenure and statutory priority afforded to holders of UOORs by ultra vires grants of inconsistent rights to opportunistic applicants. Concern is also expressed about the poor administration of mineral resources by the Department of Mineral Resources and Energy.


2021 ◽  
Author(s):  
Roland Mierzwa

Peace has to be thought of in a more complex way, which is mainly stimulated by women from civil society. Many questions can no longer be addressed in a thematically and politically isolated or delimited way; chains of action and challenges are too interwoven. So far, too little attention has been paid to the preferential option for the poor, the approach of religionless Christianity and a feminist-liberation-theological-pacifist approach. Topics that are more marginal, such as a peace-ethical approach to money and the relationship between peace and health, are also addressed. Finally, the difficult question of how far one may still cooperate with the state when one is on the trail of peace is explored.


2021 ◽  
pp. 097370302110620
Author(s):  
S. Limakumba Walling ◽  
Tumbenthung Y. Humtsoe

The state of Nagaland came into existence in 1963, with the union government granting special status to the state under Article 371A of the Indian constitution. These special provisions safeguard the indigenous social and customary practices and economic resources from the interventions and policies of the union government sans state legislature’s concurring resolution on the same. The special status while protecting the aforementioned rights of the Nagas creates a contrasting duality of sorts—in that modern market based democratic and economic institutions coexist with the traditional institutions. This blending of the old and the new often creates contestations and contradictions within the state’s political, social and economic spheres. In understanding these issues besieging Nagaland, neoliberal narratives of development economics and policy prescriptions thereof may be ill-disposed. The present article attempts to unravel the factors arresting economic development in the state by analysing various macroeconomic indicators. It is suggested that at the core lies the conflict between an attempt to establish a modern market-based economy with private ownership and that of a tribal-community based economic rights with customary laws and practices. The imperative role of the state government is emphasised to provide a mechanism for resolving the economic questions and ushering in development while preserving the rights of the indigenous people.


1914 ◽  
Vol 77 (8) ◽  
pp. 871
Author(s):  
E. B. ◽  
Geoffrey Drage
Keyword(s):  

Author(s):  
Sumit Ganguly ◽  
William R. Thompson

This concluding chapter focuses on India's state-capacity problems and prospects. Its population may become the world's largest, its economy is becoming one of the world's largest, and its military power will probably move along at least a similar upward trajectory. Yet just about everything concerning India is characterized by developmental handicaps of one sort or another. Too many people are poor, infrastructure is lacking, and demands on the state for action to remedy these problems are multiplying. The Indian state, on the other hand, is characterized by a mixture of strengths and weaknesses. It scores high on its democratic attributes but much less so on its overall effectiveness. It has been and continues to be plagued by peripheral insurgencies and separatist movements. Moreover, its extraction capacity has improved but still has a long way to go, given the tasks the state needs to undertake.


Author(s):  
Sumit Ganguly ◽  
William R. Thompson

This chapter examines violence monopoly. Violence monopoly refers to whether the state is capable of establishing an order in which its claim to be the ultimate and principal employer of coercion goes largely unchallenged. The more often states are challenged, and the more intense the nature of the challengers, the less likely the state is to survive as the central institution of a political system. A poor showing in the violence monopoly category is one of the Indian state's greatest vulnerabilities in terms of state capacity. It will need to be improved upon simply to maintain order. Yet it is doubtful that the Indian state will improve in this area rapidly.


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