[Reader-list] Invite to a workshop on the Judicial 90's
Aarti Mundkur
aarti.mundkur at gmail.com
Fri Apr 25 19:07:39 IST 2008
Dear All,
Apologies. The invite and the schedule are below
Warm Regards
Aarti
The Alternative Law Forum and Christ College of Law, Bangalore
Invite you to a Workshop on
*The Judicial Nineties*
May 10th & 11th, 2008 at the Christ College of Law, Christ College
Campus, Hosur Road, Bangalore 560029
There has been a sense that the judiciary has increasingly narrowed the
field on issues of socio economic rights and distributive justice.
Often, this is referred to as the Court's 'conservative turn', but there
is little that is said beyond this, except to imply its direct linkage
to the post-liberalization period in Indian history. One of the
important tasks of the contemporary is to provide an account of this
shift within a larger political economy narrative that seeks to locate
the precise manners in which these changes are taking place via the
emergence of a judicial sovereignty that does not merely adjudicate any
longer but actively produces the context and conditions for a
free-market friendly environment. Ranging from questions of
rehabilitation to the violent reordering of urban space, the judiciary
has played an active role in redefining ideas of access and entitlement.
While the eighties were marked by the emergence of ‘social action
litigation’ that sought to radically redefine ideas of entitlement and
equality, by the mid-nineties, most social movements who relied on using
the courts as spaces of social justice were repeatedly disappointed by
the complicity of the courts with the neo liberal project.
All the extremely violent developments and transitions that are taking
place in this period are unfolding very much within the law, backed by
new regimes of property, and often in the name of the law. Thus the
violent reordering of cities in India has seen encroachers removed to
restore the land to the legal owners, and water privatized after lawful
agreements are entered into between the government and private parties.
The Court has proactively determined socio-economic policy and in doing
so has re-written the idea of the social.
In older formulations like Partha Chatterjee’s idea of the political
there was an acknowledgement of the porous spaces between the
legal/illegal that allowed people to participate in democratic politics.
This is effectively being destroyed by the judiciary and along with it
the compact of political society. There is a newfound romance of the
idea of the legal and with it, new forms of illegality and
subjectivities that are being produced by the Court. In this space there
is very little room for the kind of negotiations that characterized the
ways in which large sections of the population accessed basic services.
Perhaps talking of the complicity of the courts with the neo liberal
project is too generous a reading, and instead we should say that the
law and judiciary are the neo liberal project. If this is so then is
there a need to re-evaluate the relationship between social movements
and the judicial process – do we now abandon the site of legal intervention?
Registration: If you are interested in attending the Workshop, please
send an email to Aarti Mundkur at aarti at altlawforum.org or call her at
080-22356845
Schedule
May 10, 2008
Welcome: John Thaliath, Christ College of Law 9:30 am – 9:40 am
Introduction: Mayur Suresh, Alternative Law Forum 9:40 am – 10:00 am
Keynote: Upendra Baxi 10:00 am – 11:00 am
Tea Break (11:00 am – 11:15 am)
Supreme, But not Infallible 11:15 am – 1:30 pm
Speakers: Aditya Nigam, Sudhir Krishnaswamy, Sitaramam Kakarala, Usha
Ramanathan
Lunch (1:30 pm - 2:30 pm)
Judicial Imagination and the City Beautiful 2:30 pm - 4:30pm
Speakers: Nivedita Menon, Awadhendhra Sharan, Shrimoyee Ghosh
Tea Break (4:30 – 4:45 pm)
Law of Terror and Terror of Law 4:45 pm – 6:45 pm
Speakers: Nitya Ramakrishnan, Ujjwal Kumar Singh, D. Nagasaila
May 11, 2008
Keynote A.G. Noorani 9:30 am – 10:30 am
Tea Break (10:45 – 11:00)
Law and Labour in the Time of Global Capital 11:00 am – 1:00 pm
Speakers: Mukul Sinha, NGR Prasad, Mihir Desai
Lunch (1:00 pm - 2:00 pm)
Contestations & Power: The Court and Social Justice 2:00 pm - 4:30pm
Speakers: Shankar Gopalakrishnan, Arun Thiruvengadam, K. Balagopal
Tea Break (4:30 pm – 4:45 pm)
Concluding Discussion: Initiated by Prof. Upendra Baxi 4:45 pm – 5:30pm
Film Screening: The Advocate, by Deepa Dhanraj 5:45 pm – 7:45 pm
Dinner at Venue 8:00 pm
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