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Communality vs Community: The Promise of Panchayats

by Maitreyee Singh

“More brain, O Lord, more brain! or we shall mar/

Utterly this fair garden we might win.”

The above is a couplet from “Modern Love: XLVII” by Victorian writer George Meredith. Indian readers might more likely recognize it from the title page inscription of Constitutional architect and social reformer B.R. Ambedkar’s Pakistan or the Partition of India (1946: 1). Pithy and urgent, it was a well-advised rejoinder for a nation on the precipice of independence. As it happens, gardens wither, too, when not tended, and Ambedkar’s plea for mindfulness remains both timeless and timely for post-Independence India.

Instructed to examine some particularity of the postcolonial condition, my immediate thought was to analyze the Panchayat system of local governance as a precolonial institution with potential for mediating postcolonial conflict. Perhaps predictably, my assumptions were informed by my personal experiences of India, and as anyone who has done any academic writing knows, attempting to retrofit research to a preconceived thesis never works. In examining the Panchayat system more closely, I’ve been made to also examine the lacuna in my own understanding of communal conflict in India.

Bibliography

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India: Vikas Publishing House, Pvt. Ltd. Chaudhary, M. A. (1999). Justice in Practice: Legal Ethnography of a Pakistani Punjabi Village. New York: Oxford University Press.

Bhabha, Homi. “Unsatisfied: Notes on Vernacular Cosmopolitanism.” Text and Nation: Cross-Disciplinary Essays on Cultural and National Identities. Ed. Laura Garcia-Moreno and Peter C. Pfeiffer. Columbia: Camden House, 1996.

Bhabha, Homi, “Of Mimicry and Man: The Ambivalence of Colonial Discourse,” in The Location of Culture (London and New York: Routledge, 1993).

Bhabha, Homi, DissemiNation…., pp 294

Borooah, V.K., Tagat, A. and Mishra, V. (2020), “Conflict, caste and resolution: a quantitative analysis for Indian villages”, Indian Growth and Development Review, Vol. 13 No. 2, pp. 319-338. https://doi.org/10.1108/IGDR-08-2019-0087

Chatterjee, Partha, The Nation and its Fragments: Colonial and Postcolonial Histories, Princeton, Princeton UP, 1993.

Chatterjee, Partha. Nationalist Thought and the Colonial World: A Derivative Discourse? London: Zed, 1986, 22.

Cohn, B. S. (1965). Anthropological Notes on Disputes and Law in India. American Anthropologist, 67(6), 82-122. https://doi.org/10.1525/aa.1965.67.6.02a00960

Cohn, B. S. (1967). Some notes on law and change in north india. In P. Bohannan (Ed.), Law and warfare: Studies in the anthropology of conflict. New York: Natural History Press.

Galanter M, Krishnan JK. 2003. Debased informalism: Lok Adalats and Legal Rights in Modern India. In Beyond https://media.law.wisc.edu/s/c_8/ymy9n/mgdi.pdf

Galanter M, Meschievitz CS. 1982. In search of Nyaya Panchayats: the politics of a moribund institution. https://api.law.wisc.edu/repository-pdf/uwlaw-library-repository-omekav3/original/bcc574c4f38bc892c422e00f062f5e206416c1e9.pdf

Gohar, A. (2018). Returning to indigenous traditions of peacemaking, peacebuilding, and peacekeeping: From Jirga (TDR) to restorative justice (ADR) in Pakistan. In T. Gavrielides (Ed.), Routledge international handbook of restorative justice (pp. 84-97). https://doi. org/10.4324/9781315613512  

Hayden R. 1999. Disputes and Arguments Amongst Nomads: A Caste Council in India. Delhi: Oxford Univ. Press

Islam, Md. Taufiqul, 2014. ―Decentralisation and Rural Local Government in India and Bangladesh: A Brief Comparison‖, Journal of South Asian Studies,

Jaffe, James A. “Custom, Identity, And the Jury in India, 1800–1832.” The Historical Journal 57, no. 1 (2014): 131–55. http://www.jstor.org/stable/24528913.

Jaffe JA. 2015. Ironies of Colonial Governance: Law, Custom and Justice in Colonial India. Cambridge: Cambridge

Jaiswal, Hrishikesh and Mandloi, Pragati, 2020. Alternate Dispute Resolution in Rural India: A Brief Study About Panchayat System (August 1, 2020). CB Eduvents-Legal Encyclopedia, ISBN- 978-81-943164-1 https://ssrn.com/abstract=3817307

Kadir, Jawad (2019). The Utility of Traditional Justice System of “Panchayat” in Resolving Pakistan-India Interstate Conflict. https://icermediation.org/wp-content/uploads/2022/07/The-Utility-of-Traditional-Justice-System-of-Panchayat-in-Resolving-Pakistan-India-Interstate-Conflict-Jawad-Kadir.pdf

Lange, Matthew, Emre Amasyali, and Tay Jeong. 2021. “Communalizing Colonial Policies and Postcolonial Ethnic Warfare: A Multimethod Analysis of the British Empire.” European Journal of Sociology, 62 (2): 141-165.

Lange, Matthew and Andrew Dawson, 2009. Dividing and Ruling the World? A Statistical Test of the Effects of Colonialism on Postcolonial Civil Violence, Social Forces, Volume 88, Issue 2, December 2009, Pages 785-817, https://doi.org/10.1353/sof.0.0255

Lederach, J. P. (1991). Of nets, nails, and problems: The folk language of conflict resolution in a central american setting. In K. Avruch, P. W. Black, J. A. Scimecca (Eds.), Conflict resolution: Cross-cultural perspectives (pp. 165-86). Westport, CT: Greenwood Press.

Mannathukkaren, Nissim. “The ‘Poverty’ of Political Society: Partha Chatterjee and the People’s Plan Campaign in Kerala, India.” Third World Quarterly 31, no. 2 (2010): 295–314. http://www.jstor.org/stable/25677772.

Moog, Robert. 1991. Conflict and compromise: the politics of Lok Adalats in Varanasi District. Law Soc. Rev. https://www.jstor.org/stable/pdf/3053726.pdf

Moore E. 1985. Conflict and Compromise: Justice in an Indian Village. Cent. South Southeast Asia Stud., Berkeley: University of California Press.

Nandy, A. (2002). Telling the Story of Communal Conflicts in South Asia: Interim Report on a Personal Search for Defining Myths. Ethnic and Racial Studies, 25(1), 1-19. https://doi.org/10.1080/01419870120112030

Pai, Sudha, and Sajjan Kumar, ‘Communal Mobilization and Riots in Western Uttar Pradesh: Muzaffarnagar and Shamli Districts’, Everyday Communalism: Riots in Contemporary Uttar Pradesh (Delhi, 2018; online edn, Oxford Academic, 17 Apr. 2019), https://doi.org/10.1093/oso/9780199466290.003.0006.

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Upadhyay, Anjoo Sharan and Priyankar Upadhyaya 2016. Traditional Institutions of Dispute Resolution in India: Experiences from Khasi and Garo Hills in Meghalaya. Berlin: Berghof Foundation.

Appendix A

1858: India comes under direct British colonial rule after the Indian Rebellion of 1857.

1920:  Montagu-Chelmsford Reforms provide for local self-government bodies at the village level

1927: The British government introduces the Local Self-Government Act, which establishes local self-government bodies in rural areas known as Panchayats.

1935: The Government of India Act provides for the establishment of provincial and central governments.

1947: Indian independence from British colonial rule.

1951: The first Panchayati Raj system in independent India is established in Nagaur district of Rajasthan.

1973: The Ashok Mehta Committee recommends reforms to strengthen Panchayats and make them more effective.

1978: The 73rd Amendment to the Constitution of India is passed, which provides a constitutional basis for the establishment of Panchayati Raj institutions and mandates their compulsory existence in every state.

1992: The 73rd Amendment is implemented in all states of India.

1992-1993: The Aman Committee is formed in response to riots between Hindus and Muslims in Mumbai.

2002: The Shanti Sena plays a role in mediating between warring communities during the Gujarat riots.

2002: The 73rd Amendment is amended to provide for the reservation of one-third of seats in Panchayati Raj institutions for women.

2010: The Rajiv Gandhi Panchayat Sashaktikaran Abhiyan (RGPSA) provides financial assistance to states for activities such as training of Panchayat functionaries, development of Panchayat infrastructure, and implementation of e-governance initiatives.

2011: the National Advisory Council proposed a set of recommendations for further strengthening Panchayats included ensuring greater representation of marginalized groups

Jackson, William Henry, photographer. 1895. Going to
charshit? – Indian men entering building. India, Photograph.
https://www.loc.gov/item/2004707714/
Photoglob Co, P. (ca. 1890) Bombay. Palm-tree in the university garden. India Mumbai, ca. 1890. [Zürich: Photoglob Company] [Photograph] Retrieved from the Library of Congress, https://www.loc.gov/item/2017658

Jackson, William Henry, photographer. The Holy Man of Benares – Swami Bhaskarananda Saraswathi. India Varanasi, 1895. -20. Photograph. https://www.loc.gov/item/2004707381/.

H.C. White Co, P. (1907) Wretched life of the native Hindus at close quarters, street in Fatehpur-Sikri, a typical village street in India. India, 1907. [Photograph] Retrieved from the Library of Congress, https://www.loc.gov/item/2020681576/.
People Gathered in Front of Structure. India. (Between 1860 and 1930) [Photograph] Retrieved from the Library of Congress, https://www.loc.gov/item/2020681622/.
Kashmiri Pandit Asha Jee (R) who won the Panchayat elections from the Wussan block of Kashmir’s Baramulla district being garlanded by her Muslim supporters.
A Muzaffarnagar panchayat takes place in a masjid destroyed in the 2013 riots.
Categories
Correspondents Desks

Empire, India, and Colonial Debts

Durga Sreenivasan, Howard Fifer, and Maitreyee Singh

ANNOTATED BIBLIOGRAPHY

Ahmad, Khalid. “The Kashmir Conflict: A Study of Imperialism, Colonialism and Sovereignty in the Post-Colony,” Academia, 2017.

Khalid Ahmad’s article provides a comprehensive analysis of the Kashmir conflict, situating it within the larger historical and geopolitical context of imperialism, colonialism, and post-colonialism. Ahmad argues that the conflict is the result of the failure of the post-colonial Indian state to address the grievances of the Kashmiri people and to honor their right to self-determination. The article provides an insightful perspective on the complexities of the Kashmir issue, highlighting the importance of understanding its historical roots and its geopolitical significance.

Alam, M. S. (2017). In the Shadows of the State: Indigenous Politics, Environmentalism, and Insurgency in Jharkhand, India. Duke University Press.

This book explores the ways in which indigenous people in the Indian state of Jharkhand negotiate with the state and multinational corporations for land and resource rights. Alam argues that the state’s desire for economic growth and modernization often results in the dispossession of indigenous people and the destruction of their environment. The book provides a detailed analysis of the social, economic, and political dynamics of indigenous resistance and the challenges they face in their struggle for self-determination.

BBC. (2015, July 22). Viewpoint: Britain must pay reparations to India. BBC News. Retrieved from https://www.bbc.com/news/world-asia-india-33618621

This BBC article argues that the British government must pay reparations to India for the damage inflicted by colonialism. The article provides a brief history of British colonialism in India and highlights the economic, political, and social effects of colonialism that continue to impact India today. 

Bhattacharya, S. (2019, October 12). India: Internal colonialism? Millennium Post.

This article argues that the Indian state’s treatment of certain regions, particularly Kashmir and the Northeast, constitutes internal colonialism. The author argues that the Indian state’s policies and actions in these regions are characterized by economic exploitation, political domination, and cultural assimilation. The article also discusses the need for a decolonial approach to understanding and addressing the issues faced by these regions. Bhattacharya discusses the complexities of power and resistance in India, shedding light on the need for critical examinations of the Indian state’s policies and actions towards marginalized communities.

Blauner, Jonathan. “In the Shadows of the State: Indigenous Politics, Environmentalism, and Insurgency in Jharkhand, India,” Duke University Press, 2017.

Jonathan Blauner’s book explores the political, environmental and social struggles of the indigenous Adivasi communities in Jharkhand, India, who have long been marginalized by the Indian state. The book delves into the root causes of the insurgency movements in Jharkhand and the larger political context in which they have emerged. Blauner emphasizes the complexities and nuances of Adivasi politics and activism, highlighting the crucial role of indigenous perspectives in shaping resistance movements against the dominant Indian state.

Chatterjee, Partha. 1993. “The Colonial State” in The Nation and Its Fragments. Princeton: Princeton University Press, 14-34.

In this book chapter, Partha Chatterjee discusses the role of the colonial state in India and the ways in which it maintained its power through strategies of governance and rule. Chatterjee examines how the colonial state created a distinction between the “civil” and “political” spheres of Indian society and how this distinction helped to maintain colonial power and control. Through his work, Chatterjee contributes to ongoing debates about the history of colonialism and its lasting impact on Indian society. 

Curtis, J. (2021, August 31). Introduction: On reparations for slavery and colonialism. PoLAR. Retrieved from https://polarjournal.org/2020/07/31/reparations-for-slavery-and-colonialism/.

This article provides an introduction to a special issue of the journal PoLAR on reparations for slavery and colonialism. The author discusses the importance of addressing historical injustices and the need for reparations in order to achieve justice and reconciliation.  Through her work, Curtis sheds light on ongoing debates about the legacy of slavery and colonialism and their impact on contemporary society.

Fisher, M. (2022, August 27). The Long Road ahead for colonial reparations. The New York Times. Retrieved from https://www.nytimes.com/2022/08/27/world/americas/colonial-reparations.html

This article from The New York Times discusses the challenges and complexities involved in seeking reparations for colonialism. The article highlights the difficulties in determining who should be responsible for reparations and how they should be distributed. Furthermore, it provides an overview of the history of reparations, including the ways in which various countries have attempted to address the legacy of colonialism. The article notes that while some countries have made attempts at reparations, there has been resistance from former colonial powers, making it difficult to move forward with the process. The article also explores the idea that reparations may not only involve financial compensation but also a broader acknowledgment of the harm done by colonialism and efforts to address its ongoing effects. Overall, the article provides a thought-provoking analysis of the complex issue of colonial reparations and underscores the need for continued dialogue and action in this area.

Sarkar, T. (1997). The Decline of Subaltern Studies. Oxford University Press.

This article discusses the trajectory and controversies of the Subaltern Studies group, a collective of historians and scholars who sought to explore the histories and experiences of marginalized groups in India. Sarkar argues that the group’s focus on subaltern agency and resistance obscured the continued dominance of dominant groups, particularly the state and the bourgeoisie. The article critiques the group’s theoretical framework and its limitations in understanding the complexities of power and resistance in India. The author argues that the group’s focus on subaltern agency and resistance obscures the continued dominance of dominant groups, particularly the state and the bourgeoisie. Sarkar contributes to ongoing debates about the complexities of power and resistance in India, shedding light on the need for critical examinations of dominant groups and their impact on marginalized communities.

Kavita, K. (2015, August 9). Internal Colonialism in India: A story of systematic oppression. TwoCircles.net.

This article explores the idea of internal colonialism in India and argues that certain regions and communities have been subjected to systematic oppression and exploitation by the Indian state. The author provides examples of such regions and argues that the Indian state’s policies and actions in these areas are reminiscent of colonial practices. The article also discusses the need for a critical examination of the Indian state’s policies and actions towards marginalized communities.

Middleton, T. (2008). Provincialising Bengal: The View from Darjeeling. South Asia: Journal of South Asia Studies, 31(1), 40-61.

This article examines the complex history and power dynamics of the Darjeeling hills in West Bengal, India. Here, Middleton provides an insightful analysis of the intersections of ethnicity and identity politics in the region. He offers thoughtful consideration of the marginalization of the Gorkha people of West Bengal, mapping the parallels with colonialism. The subversive application of the methods and tools developed by Subaltern studies scholars back onto the movement’s nexus of West Bengal offers valuable perspective.

Mohanty, S. (2001). Empire’s Geography: Violence, Rule and the Subaltern in the Making of Colonial South Asia. Environment and Planning D: Society and Space, 19(6), 723-752.

This article explores the ways in which colonialism and imperialism shaped the geography of South Asia and the experiences of its subaltern populations. Mohanty argues that colonialism produced multiple forms of violence, including physical, economic, and cultural, that served to maintain the dominance of colonial powers. The article provides a critical analysis of the intersections of power, geography, and violence in colonial South Asia.

MacKenzie, J. (2015, July 27). Viewpoint: Why Britain does not owe reparations to India. BBC News. Retrieved from https://www.bbc.com/news/world-asia-india-33647422

This BBC article presents an opposing viewpoint to the previous BBC article listed above. The author argues that Britain does not owe reparations to India and that the benefits of British colonialism in India outweigh the costs.

Perry, K. (2021, August 30). Delivering reparatory justice means uprooting the legacies of colonialism. openDemocracy. https://www.opendemocracy.net/en/oureconomy/delivering-reparatory-justice-means-uprooting-legacies-colonialism/

This article argues for the need for reparatory justice to address the legacies of colonialism. The author highlights the ways in which colonialism has perpetuated inequalities and argues that addressing these legacies requires uprooting the underlying systems and structures that perpetuate them. ​​According to the article, reparatory justice is a concept that seeks to address the historical and ongoing harms of colonialism by providing redress to those who have been affected by it. It involves uprooting the legacies of colonialism in order to achieve economic, cultural, ecological, and political justice. Reparatory justice requires a systemic and holistic approach that goes beyond addressing individual instances of harm and seeks to address the underlying structures that perpetuate inequality. It also involves recognizing the interconnectedness of different forms of oppression and addressing them collectively

Ray, Niranjan. “India: Internal Colonialism,” Millennium Post, 2019.

In this opinion piece, Niranjan Ray argues that India’s dominant castes practice internal colonialism against marginalized communities, particularly Dalits and Adivasis. Ray contends that the Indian state has failed to address the systemic discrimination and oppression that these communities face, instead, it perpetuates the caste system through policies and practices that reinforce social hierarchies. The author calls for a fundamental reimagining of the Indian state, one that addresses the root causes of social injustice and fosters inclusive governance.

Sarkar, Sumit. “The Decline of Subaltern Studies,” Journal of Contemporary Thought, 2008.

Sarkar offers a critical evaluation of the Subaltern Studies project, a prominent school of historiography that emerged in India in the 1980s. Sarkar argues that the project’s focus on the agency of subaltern groups has failed to engage with the complexities of power relations and the limitations of the subaltern’s agency in the larger political context. Sarkar critiques the project’s overemphasis on cultural and linguistic aspects of subaltern identities at the expense of broader political and economic forces. The article is an essential contribution to the ongoing debates about the politics of representation and the role of subaltern perspectives in shaping historical narratives.

“The Plight of Dalits in India,” Two Circles, 2015. https://twocircles.net/2015aug09/1439096380.html 

This article sheds light on the ongoing discrimination and violence faced by Dalits, a marginalized community in India that has been subjected to caste-based oppression for centuries. The article highlights the systemic discrimination that Dalits face in various spheres of life, including education, employment, and political representation. The article is an important contribution to the ongoing discussions about social justice and human rights in India.

Tharoor, S. (2017). Inglorious Empire: What the British Did to India. Scribe Publications.

Shashi Tharoor’s book “Inglorious Empire: What the British Did to India” examines the devastating impact of British colonialism on India. Tharoor argues that British colonialism was not a benign force, but rather a system of exploitation and oppression that caused widespread suffering and death. He provides a comprehensive analysis of the economic, political, and social dimensions of British rule in India, and highlights the ways in which the British systematically dismantled India’s indigenous industries and imposed a system of exploitation and inequality that persists to this day. Tharoor also discusses the role of Indian collaborators in perpetuating British colonialism and the need for a frank reckoning with the legacy of colonialism in India and beyond. Through this powerful and incisive book, Tharoor makes a compelling case for the need to acknowledge the full extent of the damage caused by British colonialism and to work towards reparative justice for the people of India and other colonized nations.

The World.org-March 20, 2023. “We Are Worried:  Melting Glaciers Lead to Dangerous Overflow in the Peruvian Lake”

Article describes threat of lake overflow from melting Glaciers (caused by Climate Change).  This endangers 100,000 residents of Huarez, Peru.  The lake’s surface area has grown to be 30 times larger than it was 50 years ago, creating risk of glacial overflow.  In response to the threat posed the regional government and City have put in place a series of protective dikes and piping to siphon off water. Studies have found the German energy company RWE, by virtue of burning coal to produce energy since around 1900, is currently responsible for 1/2 of 1% of global carbon emissions in the atmosphere.  There is a lawsuit pending in German courts to recover 1/2 of 1% of the total cost of the project in Huarez, or $20,000.

Wadekar, A. June, 21, 2021 “Durham Budget for 2021-22 Fiscal Year Includes 6 Million Dollars for Reparations Through Green Infrastructures Projects” DukeChronicle.com.

This article notes that this is about 1 % of the annual Budget, and that this money will support projects in historically Black neighborhoods. The article notes that City Council specifically earmarks these expenditures are earmarked as ‘Reparations’.

New York Times—March 24, 2023—”Expelling Gandhi From Parliament, Modi Allies Thwart a Top Rival”

Gandhi was found guilty of criminal defamation for a statement made during a campaign speech in 2019 and sentenced to 2 years in prison.  Even before an appeal could be heard he was expelled from Parliament and thus made ineligible to run against Modi in the next National election