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The ‘stamp paper’ document, under the Indian Stamp Act, 1899 is a promiscuously present and iconic textual artifact that circulates through the worlds of Indian legality and bureaucracy. The stamp paper as a revenue instrument was... more
The ‘stamp paper’ document, under the Indian Stamp Act, 1899 is a promiscuously present and iconic textual artifact that circulates through the worlds of Indian legality and bureaucracy. The stamp paper as a revenue instrument was imbricated in and constituted by the historical processes that standardized the forms and modes of revenue collection and instruments of evidence, credit, and credibility through the long nineteenth century. Elaborate protocols of writing, verification, identification, attestation and authorization performed by paper workers and truth functionaries produced its authority. Yet, stamp paper from its inception was viewed as notoriously suspect, stamp duties as being persistently evaded and truth-functionaries as scandalously corruptible. This chapter details the discussions and disputes that surrounded the materiality and visuality of stamp paper through the late eighteenth and nineteenth centuries. Through this account of the stamp paper’s material history, ...
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This article is an ethnographic exploration of a promiscuously present and instantly recognisable legal and cultural artefact in India, the stamp paper document under the Indian Stamp Act, 1899. The ‘stamp paper’ is a documentary form... more
This article is an ethnographic exploration of a promiscuously present and instantly recognisable legal and cultural artefact in India, the stamp paper document under the Indian Stamp Act, 1899. The ‘stamp paper’ is a documentary form that is constantly escaping from its legal moorings in revenue and evidentiary law, and is being replicated, mimed and recommissioned, both in form and in substance, and in ways which blur the domains of the legal, the quasi-legal and the non-legal. Its bureaucratic authority is produced through protocols and rituals of writing, verification, identification, attestation and authorisation performed by paper workers such as court typists, stamp vendors, notaries and oath commissioners. Yet the stamp paper is simultaneously viewed as notoriously fraudulent and legally invalid—its use redundant and truth functionaries infamously corruptible. Focusing on the materiality of the stamp paper, as it circulates through the interstitial spaces of Patiala House Co...
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ABSTRACT This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal... more
ABSTRACT This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at the time of independence have been legitimized through rights regimes established through the constitutional structure and institutionalized through laws, executive orders, and the judicial system. We examine how India's legal incorporation of Kashmir was embedded in the constitutional drafting process and the extension of fundamental rights to the region through presidential orders, and how this legal incorporation became sedimented through the work of the courts across time. Building on Ranabir Samaddar's discussion of “colonial constitutionalism,” we consider “occupational constitutionalism” as a form of foreign dominance and control produced through the annexation of part of Kashmir's territory and its legal sovereignty to India in the aftermath of independence and reproduced through a series of legal mechanisms and processes across time that institute a state of emergency and permanent crisis in Kashmir.
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Research Interests:
This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that... more
This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at the time of independence have been legitimized through rights regimes established through the constitutional structure and institutionalized through laws, executive orders, and the judicial system. We examine how India's legal incorporation of Kashmir was embedded in the constitutional drafting process and the extension of fundamental rights to the region through presidential orders, and how this legal incorporation became sedimented through the work of the courts across time. Building on Ranabir Samaddar's discussion of " colonial constitutionalism, " we consider " occupational constitutionalism " as a form of foreign dominance and control produced through the annexation of part of Kashmir's territory and its legal sovereignty to India 2 in the aftermath of independence and reproduced through a series of legal mechanisms and processes across time that institute a state of emergency and permanent crisis in Kashmir.
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This article analyzes the everyday legality of the preventive detention regime in Kashmir as a means of waging war against political dissidents. We follow the circulation of detainees and their files across multiple legal venues and... more
This article analyzes the everyday legality of the preventive detention regime in Kashmir as a means of waging war against political dissidents. We follow the circulation of detainees and their files across multiple legal venues and regimes to show how the counterinsurgency state reinscribes spectacular and terrifying forms of violence through modalities of banal paperwork and iterative performances of the rule of law. Drawing on ethnographic and textual interpretation of legal documents, including police dossiers, detention orders, and police complaints, we argue that the permanent emergency in Kashmir operates through an everyday hyperlegality of indefinite incar-ceration that intermingles the systems, techniques, and jurisdictions of colonial policing, bureaucratic paperwork, and military warfare. Further, we demonstrate how this grid of indefinite detention manifests through a temporality of deferral and delay that comes to characterize everyday life for its subjects.