Can mandated adoption of corporate social responsibility (CSR) improve firm value? Most CSR adoption is purely voluntary. However, governments regularly encourage CSR adoption with soft regulations that vary from simply endorsing and symbolically supporting CSR to requiring the adoption of specific practices. Governments have resisted fully mandating CSR because there is some concern universally that mandated CSR may reduce firm value. There is, however, no empirical clarity as to whether mandated CSR impedes or improves firm value. We address this uncertainty (...) by analyzing the effects of the mandated adoption of CSR that the government of India legislated in 2014. Drawing on a sample of 1,526 publicly traded firms and deploying a combinative analytical framework comprising an event study, regression discontinuity design, and a difference-in-differences technique, we conclude that India’s CSR mandate did, in fact, increase value for all firms bound by the mandate. This value-enhancing effect was greater for foreign firms relative to domestic firms. Our results refute previous research showing that India’s CSR mandate diminished firm value. (shrink)

India’s present sustainability framework for corporates largely consists of scattered obligations across various legislative frameworks. The purpose of this study is to understand corporate response to different sustainability obligations in India. Through this, the study aims to understand if the CSR regime alone is enough to meet India’s sustainability requirements or if further changes are required. CSR disclosures of the top 25 fortune India 500 companies over 2 years are contrasted against their ESG risk rating per Indian and (...) foreign ESG risk rating agencies. Findings indicate that all eligible companies are large proponents of CSR but are hardly in tune with the other sustainability obligations under Indian laws. Unfortunately, the impactful CSR regime does not appear to result in good ESG performances. In response to this finding, the paper concludes with recommendations to rectify the same. (shrink)

This article analyzes India’s Traditional Knowledge Digital Library (TKDL) as a potential intervention in the administration of patent law. The TKDL is a database including a vast body of traditional medical knowledge from India, aiming to prevent the patenting and misappropriation of that knowledge. This article contextualizes the TKDL in relation to documentation theory as well as to existing research on the uses of databases to protect traditional knowledge. It explores the TKDL’s potential consequences for India’s traditional medical (...) knowledge and the wider implications that traditional knowledge databases can have for the safeguarding of traditional knowledge in general. The article concludes that on the one hand the TKDL bridges the gap between the main branches of Indian traditional medicine and the formal knowledge system of International Patent Classifications. Furthermore, it has also inspired revisions of the International Patent Classification system, which makes it better adapted to incorporate traditional medical knowledge. On the other hand, critical research on traditional knowledge documentation argues that traditional knowledge databases, like the TKDL, can decontextualize the knowledge they catalogue and dispossess its original owners. The TKDL, however, also fits into a national, Indian agenda of documenting and modernizing traditional medicine that predates the formation of the TKDL by several decades and challenges the dichotomy between traditional and scientific knowledge systems that originally motivated the formation of the TKDL. (shrink)

The medical devices industry is one of the fastest growing sectors of healthcare industry with a large market, a wide variety of products and growing applications. In Malaysia, this industry is a major contributor to the economy and government initiatives support its growth to position Malaysia as a medical device manufacturing hub in the Asia-Pacific region. There are more than 180 manufacturers of medical devices in Malaysia involved in the production of sophisticated devices such as orthopedic products, surgical instruments and (...) dialysis machines. Local companies are moving towards complying with internationally recognized quality standards such as ISO 13485 as an attempt to penetrate the global market. However, there is a religious need to provide medical devices that are certified halal in order to cater to the needs of Muslim consumers who make up 64.3% of the Malaysian population. It is an advantage that Malaysia halal certification industry is well-developed and recognized as a model all around the world. Malaysia shows a strong industrial manufacturing potential for a wide range of halal products. The availability of supporting industries thus provides Malaysia with the ideal conditions to develop into a medical device hub in Asia as well as to establish a global acceptance model for halal medical devices. This paper will discuss the ethical aspects of developing halal medical devices for the needs of Muslims in Malaysia and other Islamic nations. (shrink)

‘India’s founding moment’ a moment of breath-taking political imagination and it is one of the great achievements of Madhav Khosla. to unpack important parts of its pre-history and emergence. This article will look at two questions—one about alternatives and the other about contexts. Regarding alternatives, I am interested in the paths not taken and an understanding of possibilities. I try to get a sense of possible alternative futures or modernities that the founding generation pondered, in the best case allowing (...) us to wonder what we can learn from the choices made as well as from the paths rejected. The other question I raise is the question of the intellectual contexts, in which the founding took place. Coming from a non-Indian perspective, I am interested in the entanglements, the contexts and potentially migrating ideas that emerge. (shrink)

Written over the last two decades, these essays answers important questions on secularism. Some of the topics covered are the democratic vision of the new republic of India, the evolution and distinctiveness of India's linguistic federalism, India's secular constitution, the Muslim personal law, and the majority-minority syndrome.

Madhav Khosla’s brilliant book, India’s Founding Moment, is self-consciously a work on the history of ideas. Nonetheless, the subtitle of India’s Founding Moment—The Constitution of a Most Surprising Democracy—implies that Khosla draws a connection between the ideas that shaped the creation of constitutional democracy in India and its endurance. In this review, I pose the question of whether the design of the Constitution can be a source of constitutional resilience against the rising threat of authoritarianism and Hindu majoritarianism.

Corporate social responsibility is gaining momentum not only in developed nations but also in developing nations. In India, CSR has evolved over the years and has taken different dimensions during such evolution. Many studies have focussed on CSR initiatives of different organizations world over, and evaluation of those initiatives is sparingly done. This study is one such attempt wherein the researcher has evaluated a CSR initiative ‘Thalir Thiran Thittam’ from a stakeholder’s perspective. Aparajitha Corporate Services dispenses TTT, a life skills (...) education programme to the government school students in the state of Tamil Nadu, India. This study tries to evaluate this initiative from the perspective of the teachers who are responsible for implementing the programme in their respective schools. A structured questionnaire was administered to solicit responses from the teachers on the challenges faced in implementation of TTT and the impact created by TTT on their students. (shrink)

This review of Madhav Kkhosla’s book, India’s Founding Moment, sees his approach as one of “best lights” understandings, that is, an effort to identify and explain the conceptual underpinnings of India’s founding constitution in their best lights. Khosla emphasizes as key the ways in which the constitution’s requirements of full adult suffrage, its intense specificity of language, and its strongly centralized government form, all contribute conceptually to the creation of the democratic citizen of India—a citizen whose rights across (...) the country were secured by a common constitution and central government, whose knowledge of and ability to exercise rights were enhanced by the constitution’s codified approach, and a citizen whose capacities to participate in democratic processes would be developed by the exercise of democratic rights. The review focuses attention on choices about suffrage, comparing India’s with the less inclusionary founding impulses of the United States constitution. It explores nuances of how codification would and would not promote exercises of citizenship rights, noting the importance of adjudication in the construction of the “common knowledge” to which the founders aspired. And the review argues that today, as more illiberal, authoritarian regimes are on the rise, the book’s emphasis on the importance of ideas, words, and common knowledge in constructing liberal, democratic politics is of urgent contemporary importance. (shrink)

In this paper based on original fieldwork, I seek to contribute to critical scholarship in international law by providing an investigation into the engagement with international law by actors in civil society working against son preference primarily in Tirupati, India. I suggest that the turn to the international legal order by civic actors should be theorized as something else than as merely coming ‘from above’, ‘from below’ or as a ‘translation’ of ‘global’ law to ‘local’ conditions. Instead, I propose that (...) the mobilization of international law within Tirupati’s civil society should be seen as an emancipatory undertaking, an act of resistance with the overarching ambition to reclaim the zenana. In that, I argue, the strategies within Tirupati’s civil society are more appropriately understood as critical international law put into practice. (shrink)

In the ground-breaking 2018 judgment of Navtej Singh Johar v. Union of India, the Hon'ble Supreme Court of India ushered in a new era by decriminalizing homosexuality, marking a pivotal moment in the country's legal history. However, this progressive stride was accompanied by persistent questions concerning homosexual rights that remained unexplored within both cultural and legal frameworks. Despite the legal acknowledgment, members of the homosexual community are often professed merely as 'individuals' and not fully integrated into mainstream society. This perception (...) is aggravated by the absence of a societal 'stamp of marriage,' reinforcing their marginalization. In the realm of Hindu law, the sanctity of marriage is deeply rooted in the scriptures, which explicitly define it as the union of 'two souls.' Remarkably, these very scriptures also assert that a soul is inherently without gender, elucidating that gender is a characteristic exclusive to the human body. It is crucial to recognize that Hindu law, including the relevant Acts, draws extensively from these scriptures, making them a fundamental source of legal principles. The legislation, such as the Hindu Marriage Act, essentially serves to codify and organize the pre-existing Hindu law without seeking to undermine the intrinsic values enshrined within the Holy Scriptures. This article aims to delve into the unaddressed aspects of homosexual rights within the contemporary legal framework, shedding light on the denied rights that persist. While global attitudes are progressing towards recognizing and safeguarding homosexual rights, the Indian government and cultural factors appear hesitant to renounce orthodox and conservative stances. This article seeks to analyse and critique these aspects, exploring the challenges hindering the full acceptance and integration of homosexual individuals into the broader societal fabric despite the transformative legal landscape initiated by the Navtej Singh Johar case. (shrink)

India is a major producer and exporter of hand-knotted carpets to the world since the beginning of the British rule over India. Majority of the hand-knotted carpets exported from India are produced in the Bhadohi-Mirzapur region, popularly called as the carpet belt of India. Given deplorable working conditions and very high prevalence of child labour in the cluster, in the mid-1990, four social labels were implemented to improve the labour standards, in addition to slew of labour laws implemented by the (...) state of India. The objective of this study is to explore the prevailing labour standards and effectiveness of social labels in improving labour standards in the hand-knotted carpet manufacturing cluster. This study found that even after the implementation of social labels and slew of labour laws, there had been barely any improvement in the working conditions of carpet workers. The workers continued to be adversely incorporated in the carpet commodity chain. However, realising that there is very little scope of social upgrading in this occupation, many carpet workers have shifted to other occupations. But this study found very few child workers in carpet manufactories in the cluster. (shrink)

This study investigates the variations in the quality and comprehensiveness of 104 corporate social responsibility reports published by the world’s largest financial institutions in 2012. Using a novel measure of CSR report quality, we examine the impact of certain national, legal, and firm-level factors that might explain differences in the overall quality and extent of coverage of various issues in these reports. Our findings show that legal factors and CSR environment in a firm’s country of headquarters play an important role (...) in firms’ CSR reporting quality. Common law countries exhibit systematically higher overall CSR reporting quality than code law countries. Countries with higher CSR standards, policies, and regulations in place also produce significantly higher quality CSR reports. Firm size, on the other hand, has no major impact on the overall quality of CSR reports. In further analysis of the individual aspects of CSR disclosures, namely environment, philanthropy, bribery and corruption, and integrity assurance, we document that larger firms report at a higher quality on philanthropy and bribery and corruption. Bribery and corruption is reported at a higher quality in countries with common law tradition, high-quality legal regimes, and high CSR standards and regulations in place. We also observe higher quality integrity assurance in common law countries. CSR-minded countries and countries with low-quality legal environment also report on philanthropy at a higher quality. Finally, we offer guidelines for companies toward improving the quality of their reports, and suggestions for scholars and researchers for further avenues of research. (shrink)

This paper examines the neo-colonial project of Narendra Modi implemented in Kashmir after the revocation of special status on August 5, 2019. The neo-colonial infrastructure supported by the threads of re-classification of legal residents and land designations intends to significantly transform the demography of Muslim majority Kashmir into a Muslim minority, consequently destroying the Muslim identity of the state. The abrogation of Article 370 and enactment of new domicile law has extended the legal and administrative control of New Delhi, making (...) Kashmir indistinguishable from the Indian legal system and leaving no room for the local legislative assembly to make laws beneficial for the state residents. The paper asks how India is implementing the neo-colonial settler agenda in Kashmir. How and to what extent legal and military instruments are employed to disempower Kashmiris from territorial and cultural identity? The paper argues that Prime Minister Narendra Modi is pursuing a neo-colonial settler agenda in Kashmir through ‘destroy and replace,’ which is supported by the neo-liberal agenda, including; new land management policy, new domicile law, spatial planning and development, new settlements of Hindus, authoritative central control, and massive militarization to carry out gross human rights abuses and repression. (shrink)

The paper examines the public justifications regarding the contentious pledge of the Uniform Civil Code versus Personal Laws in India, from its historical evolution to the deliberative processes followed in the transition from pledge to policy. Using a Habermasian framework of deliberative democracy, the study empirically maps the public reasons provided by various stakeholders, including political parties, religious organizations, and civil society groups, spanning the period from 1947 to 2023. The findings reveal diverse arguments for and against the UCC, mostly (...) anchored in shared constitutional values. While proponents emphasize national integration and gender equality, opponents advocate for cultural diversity and religious freedom. The contentious nature of the pledge highlights the broader ideological conflicts and the necessity for consensus-building through public deliberation to achieve democratic legitimacy. (shrink)

Journal of Human Values, Volume 28, Issue 3, Page 259-270, September 2022. Novel and history, despite technical differences, have something in common, which one can observe by examining fictional narrative as historical discourse without downplaying its symbolic ramifications. It is a fact that the novel is primarily concerned with individual existence, yet at the same time, it has not overlooked the condition of the people in general, as is reflected in the writings of some of the great writers. The article (...) attempts to take this perspective in order to re-read Fakir Mohan Senapati’s Six Acres and a Third beyond its historicity as a symbolic representation of the contemporary conditions of Indian farming community. It further aims to probe into the predicament of the farming community in India irrespective of historical and political changes. The argument is corroborated through historical parallels about the perpetual plight of farmers as shown in the text with the fear of destitution among farmers in general, and marginalized ones in particular, in the wake of recent legal promulgation. The study reveals that the plight of the people under feudalism represented by fictional characters in Senapati’s novel, which he has conscientiously explored by deploying a variety of artistic techniques, is analogous to the one faced by the contemporary farmers of independent India with neoliberal economic dispensation. (shrink)

The present study analyzes the key drivers facilitating corporate social responsibility practices in large-scale organizations of North-West region of India. Further research is using Carroll’s model of CSR responsibility as a basis to develop a strategic framework that demonstrates transition from economic to holistic approach. Carroll’s CSR model focuses on four aspects: economic, legal, ethical, and philanthropic responsibilities. This research has been taken to understand whether there is a transition in Indian large-scale organizations from its primary focus on economic responsibilities (...) to legal, ethical, and philanthropic responsibilities to adopt holistic approach. Results are indicative of the fact that Indian economy has given considerable importance to social responsibility practices, and clear transition can be observed from economic to holistic approach. (shrink)

India is a party to several international laws which speak of the duty to prosecute, investigate, and punish crimes. In light of India’s commitments to international law, the scope of its criminal laws appears to be failing on several counts. The following are a few general and specific recommendations for penal law reforms in India. These have been framed in light of several international developments, international laws, and relevant Indian laws and judgments. The recommendations concern the following themes: 1. (...) gaps in criminal law, 2. harmonization of standards 3. liabilities for derogations from fundamental duties (cultural heritage), and 4. a project for decolonization. (shrink)

Purpose of this article is to study the phenomenon of desire in Ancient Chinese and ancient Indian society, to reveal a material basis for the appearance and formation of the specific ethical attitude towards desire in the philosophical reflection of ancient thinkers. To fulfil this purpose, we should study and analyse methodology of desire studies in philosophical and psychological literature, analyse the ethical attitude towards desire in religious and philosophical texts of Chinese and Indian thinkers, understand social and economic basis (...) of such an ethical attitude, that is to establish material basis of desire as the specific form of psychic activity and to recreate the logic of its development. Theoretical basis. Culturological and economic studies of orientalists and dialectical logic. Originality. The paper presents the analysis of the perspectives and drawbacks of different approaches in desire studies. Research of ethical attitude towards the desire in Ancient China and India allowed us to recreate the logic of social relations and the level of productive forces in that society. The ideological foundation of conservation and recreation of power and property relations was found in the religious doctrine of suppression of individual desires. The connection between desire formation and division of labour and its preservation in the religious, political and legal forms of social consciousness was shown. Methodological perspectives of dialectical logic were defined in the study of logical and historical coincidence in the further development of the phenomenon and the notion of desire. Conclusions. Analysis of modern philosophical and psychological literature has revealed methodological drawbacks in desire studies, as they are focused on studying desire’s notion, its representation or separate aspects of desire in individual psyche disregarding its inner logic and material basis of its becoming. Studies of the ethical attitude towards desire in Eastern culture have shown the consensus in desire suppression of individuals and similarities between Ancient Chinese and Indian cultures. There is shown significance and material basis of the transcendental law suppressing the desires even of the higher classes of the oriental society. The methodological approach stated in this article can be applied for further desire studies of Ancient Greece culture, Christian ethics and modern society. (shrink)

Human trafficking is both a human rights violation and the fastest growing criminal industry in the world. This article examines cross-border trafficking of girls and women in Nepal to India. It gives a brief explanation of what is meant by trafficking and then looks at the reasons behind trafficking. In Nepal, women and children are trafficked internally and to India and the Middle East for commercial sexual exploitation or forced marriage, as well as to India and within the country for (...) involuntary servitude as child soldiers, domestic servants, circus entertainment, and factory workers. Nepal and India are both signatories to international conventions and bound by domestic law to combat trafficking, and yet, this scourge continues. There are many laws in place, both in Nepal and India, which regulate the trafficking and prostituting of girls and women. This article looks at how effective these laws and regulations actually are and will look at the reasons for the continuation of trafficking. Despite the formal recognition of girl trafficking as a major problem and the existence of laws to curtail it, trafficking continues. The major problem with Nepal’s and India’s domestic laws is in the lack of enforcement. Finally, this article will look at ways to fight trafficking and make the governments of India and Nepal more effective in their fight against trafficking. (shrink)

The transgender population generally faces rights violations and discrimination in their day-to-day lives, which was exacerbated during the recent pandemic. This necessitates close scrutiny from an ethics perspective. Following directives from a 2014 Supreme Court judgement, Kerala became the first Indian state to implement a comprehensive policy to enforce the constitutional rights of transgender people. Despite such positive actions, a basic social tendency not to respect gender diversity has led to discrimination and marginalization. This was very evident during the pandemic. (...) In this empirical work, we have documented the lives of the transgender community during the pandemic wherein they share experiences related to livelihood, interaction with the healthcare system, and acceptance in society vis-à-vis the pandemic. Simply providing third-gender status will not help the gender-marginalized community to grow to their fullest potential and have a better lifestyle on par with others in mainstream society. (shrink)

In the twenty-first century, corporate social responsibility is not a new phenomenon to India’s capitalist development model. Instead, the concept itself is implicitly rooted in traditional values, customs, and ideal systems of charismatic leaders. Trusteeship is one such ideal notion of Gandhi’s work on economic justice and equality, which influence business communities for voluntary activities. However, with exposure to globalization, the adaptation of new economic policy and its adverse impacts changed business communities’ role towards voluntary activities and forced the (...) state for the enactment of statutory provisions through the Companies Act 2013. In this context, the present paper employed the content and content configuration analysis method to analyze the relevance of these two ideas—trusteeship and statutory provision of CSR, in the current state of development. For that, the paper makes a comparative analysis between these two ideas with their eight inherent similar segments. After comparing and interrogating what present CSR deficient, the paper concludes that the alternative and future of Indian CSR practice and sustainability lie within the practice of trusteeship. Corporate and state need to incorporate the Gandhian idea of “trusteeship” within the present CSR framework to achieve a long-term sustainable society. (shrink)

‘Corporate Social Responsibility’ (‘CSR’) has gained popularity in corporate as well as academic debates, especially since the 2008 financial crisis (Okpara & Idowu, 2013). Although CSR as an idea has not failed, concerning gaps remain in the theory and practice of CSR. More particularly, in India, the legislature has adopted a ‘one size fits all’ approach which permits businesses to interpret and implement CSR based on their unique circumstances. This leads to persistent and escalating concerns regarding its implementation and limits. (...) The most basic of such concerns is the fact that CSR conceptually lacks a consistent understanding as scholars all around the world have defined it differently (Votaw & Sethi, 1973), which has an effect of conflating CSR with legal obligations or pre-existing moral obligations of the company. This work, limiting the study to Indian context, argues that the effectiveness of any policy or regulation is a direct result of express intention behind it and Indian law lacks such expression. It specifically argues that the framework in India is based on the misconceived idea of CSR resting on ‘neo-liberal’ principles meaning that a corporation’s primary responsibility is maximization of the profits of the shareholders and hence CSR is perceived merely as an add-on. There needs to be a change in this narrative to a ‘socio-economic’ one which could bring CSR within the core functions of corporations and which largely depends on the Corporate Governance ecosystem so in place. India although claims to have adopted the Stakeholder Model of Corporate Governance, in practice it still aligns with the Shareholder Model. It is only when the former is adopted in practice, can CSR be effectively implemented which can be further facilitated through a clear expression of legislative intent behind the provisions and regulations concerning CSR. In order to substantiate these arguments, this work adopts a doctrinal method of research which undergoes a thematic discourse analysis of the issue and its theoretical underpinnings, and also provides certain recommendations in this respect. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:VIOLENCE AND NONVIOLENCE IN HINDU RELIGIOUS TRADITIONS Francis X. Clooney, SJ. Boston College Outline I.Violence, Sacrifice and Ritual 1. Some basic attitudes toward the killing of animals 2.Resolving the problem of sacrificial violence by internalization 3.Substitutions 4.Renunciation and nonviolence: an elite pathway 5.Violence andnonviolenceinrelation to vegetarianism: Hans Schmidt's theses?. Traditional Hindu Theorizations of Violence in Mimamsa Ritual Theory and Vedanta Theology 1. The ritual analysis (at Mimamsa Sutra 1.1.2) (...) of the Shyena rite which is performed in order to harm enemies 2.The Vedanta analysis (at Uttara Mimamsa Sutra 3.1.25) of ritual violence in relation to the prohibition of violence??. Violence in the Life of the State HOFrancis X. Clooney, S.J. 1. The royal power to punish (danda) 2.The synthesis of the ideals of brahmin and king a..The distribution and management of violence in the Laws ofManu (1st century CE) b. Policy toward warfare in the Arthashastra of Kautilya 3.The collapse of the brahmanical synthesis—and the emergence of a (seemingly) more nonviolent Hinduism 4.A comment on Gandhi (1 869-1948) and the contemporary emergence of post-Gandhian Hindu perspectives IV.Alternate Views from Outside the Sanskritic Tradition 1. Tamil Wisdom on Violence and Nonviolence: a.Tirukkural (c. 2nd century CE) b.Cilappatikaram (5th century CE) 2.Blood and Goddesses 3.From a Village Perspective a. Some Trouble with Cows b.Mahasweta Devi and the Literary Exposure of Violence V.The Question of a Christian Perspective on the Hindu Treatment of Violence and Religion: Are Victims Necessary? Some Presuppositions: • The following reflections, complex as they are, are governed by a reluctance to simplify Hindu teaching. I seek to avoid the view that the Hindu traditions had only one view of violence and nonviolence. • I use the term "Hindu" loosely and as a shorthand, without claiming that there is a single Hindu tradition, or a single creed shared by all Hindus, or a single attitude toward violence. But neither do I claim that there are simply many traditions without any common elements which justify the appellation "Hindu." • I am reluctant to idealize the Hindu traditions as if nonviolence must necessarily be taken as the epitome ofHindu thought. India's traditions are complex, and require complex treatment. • A serious artificiality of this paper is that I treat Hinduism without simultaneously lookinginto Buddhist andJain materials, though both were traditions with important and enduring commitments to nonviolence. Particularly with respect to the renunciant, marginal components of traditions, one ought not to make overly neat or decisive distinctions Violence and Nonviolence in Hindu Religious Traditions 1 1 1 between the Hindu, Buddhist, and Jain theories and practices related to violence and nonviolence. • I attempt to give preference to indigenous discussions ofissues related to violence and nonviolence; the context and mode of thinking are important, notjust the conclusions drawn. I therefore avoid simply mining Hindu texts for an answer to a contemporary question, "What is the Hindu attitude toward violence and nonviolence?" • In most ofwhat follows we must distinguish contexts where "violence" indicates "physical action which causes pain to some living being," from contexts where "violence" indicates "an intention, rooted in anger or malice, to hurt someone." I use the word "violence" for both in order to highlight the complex issues of distinction involved. In considering the Sanskrit formulations, one likewise has to distinguish himsa as "causing pain" from himsa as "intending to harm." • It is often difficult to date ancient texts, and even when one narrows down a date—within 200-300 years—its significance still depends on other, often equally broadly stated dates. Nevertheless, I do offer dates throughout, as summarized here: •ancient Vedic sacrificial practices, from before 1200 BCE •Vedic ritual analyses and reformulations of sacrifices as ritualized acts, in the Brahmanas, from after 1000 BCE •the Upanishadic exploration of the deeper meanings of ritual and interiorized alternatives to ritual, from after 900 BCE •the Buddha, c. 500 BCE •key texts in the theorization of royal power, The Laws of Manu (beginning of Common Era) and Arthashastra (c. 150 CE) •the Tamil wisdom text Tirukkural (100 CE) •Goddess texts as evidenced in Sanskrit formulations, from after 500 CE... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Dr. Ambedkar and Untouchability: Fighting the Indian Caste SystemChristopher S. QueenDr. Ambedkar and Untouchability: Fighting the Indian Caste System. By Christophe Jaffrelot. New York: Columbia University Press, 2005. xiii + 205 pp.Outside of India, Bhimrao Ramji Ambedkar remains virtually unknown. Everyone knows that Mahatma Gandhi led the fight for Indian independence and that his nonviolent marches inspired Dr. King and the American civil rights movement. Most educated men (...) and women have heard of Nehru and some of the political and literary figures that India has produced in modern times. But few know of the first Untouchable to attend college, who went on to earn advanced degrees in the social sciences and law at Columbia University, the London School of Economics, and Grays Inn, who returned to India in the 1920s to launch a civil rights movement for Untouchables, [End Page 168] who drafted the constitution for the Republic of India as its first law minister, and who led a mass conversion to Buddhism weeks before this death.Dr. B. R. Ambedkar (1891–1956) is venerated by millions of Buddhist and low-caste followers in India today, and at the same time feared by politicians determined to preserve the Hindu caste system he vowed to destroy. Admirers call him Babasaheb Ambedkar or simply Baba, using a traditional term of respect for a guiding elder, and many use the greeting Jai Bhim (“Victory to Bhimrao”) within the Untouchable communities. Ambedkar is portrayed on ubiquitous wall calendars, public statues, and home altars alongside that of the Buddha, wearing a Western suit and tie, with the horn-rimmed glasses and pocket pens of a scholar and diplomat. Although widely regarded as a bodhisattva or Buddhist saint, he is never pictured in the robes of a holy man or entreated in prayer by his devotees. And while most of his campaigns for Untouchable human rights were driven back by the Hindu nationalists, many of the provisions of his path-breaking legislation were eventually adopted after his death. In the intervening decades, amid deepening polarization over his legacy, the state government of Maharashtra has published eighteen volumes of Ambedkar’s collected works and the government of India has bestowed on him its highest civilian honor, the Bharat Ratna.Given the dearth of Western scholarship on Ambedkar’s place in the history of modern India and the emergence of socially engaged Buddhism, I welcome Chris-tophe Jaffrelot’s Dr. Ambedkar and Untouchability: Fighting the Indian Caste System. As a social scientist and director of the Centre d’Études et de Recherches Internatio-nales (CERI) who has published more than a dozen books on South Asian politics, Jaffrelot is well qualified to assess Ambedkar’s life and thought. Drawing on a wide range of materials on the social reform movements of the nineteenth and twentieth centuries and Ambedkar’s contributions to sociology and politics, the author aims to redress Ambedkar’s neglect by Indian scholars before the 1990s, when the low-caste movement began finally to gain traction. However, he does not address the anomaly of Ambedkar’s neglect by all but a small circle of Western authors.1The strength of Dr. Ambedkar and Untouchability is its concise analysis of the geographical, political, and social context of Ambedkar’s career. Jaffrelot shows how British recruitment of the Mahars, members of Ambedkar’s lowly but numerous caste, for service in the colonial army resulted in disproportionate levels of literacy. Ambedkar was the fourteenth child in such a military family, whose father held the rank of major and served as a school master for the barracks. Both parents and all of Bhimrao’s uncles could read and write, compared to less than one percent of Mahars in village life. Moreover, in spite of his brilliance and determination, Ambedkar could not have continued his education without the financial support of Maratha maharajahs who opposed the Brahmins’ monopoly in education. “Ambedkar was the heir to a regional tradition; his struggle harked back to the anti-Brahmin movements which emerged in western Maharashtra from the mid-nineteenth century onward, a precocity that only the Dravidian South—the other key area of anti-Brahmin mobilization—could match.”Jaffrelot presents... (shrink)

John Stuart Mill worked for the East India Company in London for thirty-five years (1823-58), drafting many hundreds of dispatches for the guidance of British administrators in India. Historians have long been aware of Mill's involvement in British Indian government. This comprehensive effort brings together different strands of scholarship on Mill to determine the character of his role based on analyses of his draft despatches and comparisons of their practical and theoretical concerns with the broad themes of Mill's major writings (...) on political philosophy and economics. The essays in this collection explore specific aspects of Mill's approach to Indian issues, including religion, law, education, and security, and also place him within the broader currents of utilitarianism. The contributors present different perspectives on the ideology in Mill's pragmatic work for the Company and his personal philosophy. (shrink)

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to (...) find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws "give meaning" to sexuality through the legal structures manifested by state and religious regulatory bodies and argues that both religious and state legal institutions need to be reformed to create a legal environment that furthers rather than inhibits a full realization of sexual rights. (shrink)

Abortion continues to be a moral and ethical dilemma in medicine. While abortions in general have always faced social stigmas, the abortion of fetuses with Down’s syndrome in particular remains the subject of debate across the globe. In India, under the Medical Termination of Pregnancy Act, abortion is legal under prescribed circumstances only till 20 weeks of gestation. Laws for abortion after 20 week of gestation are ill defined. In a recent ruling of the Supreme Court in India, a woman (...) was denied the right to abortion of her 26 week old fetus. With this ruling, India has joined the rest of the world in the debate surrounding abortion laws and the ethics of abortion. (shrink)

On 24th March 2020, the first nationwide complete lockdown was announced by the Prime Minister of India for 21 days which was later extended to 31st May 2020. Consequently, thousands of migrant workers placed in big cities had no other option but to go back to their native villages. Their journeys back to villages- thousands of kilometres on bicycles or foot due to the non-availability of public transport amidst the travel ban- were driven by the compulsions of food and shelter. (...) In one of many heart-wrenching incidents, sixteen laborers were run over by a freight train while they were resting on the railway tracks. The images of the Roti on the railway track strewn across were beamed on the national news channels, as a telling commentary of the unimaginable hardships of these workers. Ironically, in the eyes of law, they were trespassers under the Indian Railways Act, 1989. The Indian Railway did not pay any compensation to the victims. Their act also violated the Indian Disaster Management Act, 2005 and Indian Penal Code, 1860- the law for the breach of lockdown guidelines and the law for disobedience of order by public servants respectively- for having decided to travel amidst a travel ban. The semiotics of law-making acts ‘criminal’ bereft of ‘moral culpability’ are seldom questioned on their supposed amoral foundations. Pandemic exhibited that social fissures not only condition the individual or community actions but also the actions of the State. Minorities especially Muslims were at the receiving end of State’s selective enforcement of lockdown laws in India. The various instances in the wake of the COVID-19 pandemic expose the hollow claims of equality before the law and the equal protection of laws as a constitutional promise to every citizen. This article aims to unravel the ostensible and the actual moral exhibition of such Indian laws through the lens of several incidents during the nationwide lockdown in India. This paper would argue that this constructed positivist amorality needs to be deconstructed to unearth the power imbalance that it seeks to hide. (shrink)

Care for older persons in India is considered to be the prerogative of the family, particularly the adult children. The legal and policy discourse reiterates this notion as well. In a country that glorifies the notion of filial piety, one finds a rising number of instances of parental neglect and abuse over the last decade. Against this background, it is important to revisit the existing laws, especially the Maintenance and Welfare of Parents and Senior Citizens Act (2007) which aims to (...) provide relief to aggrieved parents and senior citizens. In this Article, I analyse the relevant laws and discuss the nature of complaints lodged by elderly parents at the Maintenance Tribunal in Kolkata (India). The nature of intergenerational disputes and the way they are dealt with by the Tribunal highlight the law’s inability to imagine a world of needs beyond the economic needs of survival. Despite a few positive measures, the law presently falls short of interpreting the social ‘needs’ of belongingness, retaining authority and a position of importance in the family, a set of needs that often remain unspoken and are therefore disregarded by the law’s agent (the Tribunal judge in this case). I argue that in the process of translating the ‘needs’ of older persons into ‘rights’ through the application of the law, justice is disserved. (shrink)

The purpose of the study is to investigate whether internal and external institutional environmental conditions play a role in the institutionalization of strategic commitment to corporate social responsibility (CSR) among Indian firms in the wake of the mandatory CSR norms or not (where the firms of certain size and profitability are mandated to spend on CSR). The study examines the fixed effects regression on balanced panel data collected from the annual reports and Prowess database of Bombay Stock Exchange-listed firms. Our (...) results show that both internal and external institutional environments play a major role in diffusing a strategic commitment to CSR among firms. Furthermore, we find that firms indulge in frequency, outcome, and trait-based imitations while learning from peer firms to attain legitimacy from their stakeholders. Overall, our findings show that vicarious learning through imitation plays an important role in making firms truly committed to CSR instead of just donating money or greenwashing. To the best of our knowledge, our study is among the pioneering attempts to look at the impact of both internal and external environments on institutionalizing CSR commitment among firms in India. (shrink)

CSR in India is mandated through Section 135 of the Companies Act (2013), covering the practice and reporting of social responsibility projects. This paper examines India's CSR framework and reports findings on governance, planning, and implementation from a survey of and non-governmental organisations (NGOs). Overall findings reveal several positive aspects and inform us of the challenges that companies and NGOs consider essential. First, an overwhelming majority of companies focused on three investment areas: health, education, and the environment. Second, 88% of (...) companies undertook long-term continuing projects, a positive signal from a social development perspective. Third, 68% reported that their CSR strategy was aligned with their core business strategy. Fourth, a significant majority of the companies have established the required structure for policy development, planning, and periodic monitoring from a governance perspective. Finally, findings on NGOs indicate several elements of preparedness; however, the retention of talented employees is a continual challenge. (shrink)

Explaining what made ancient Greek law unusual, Michael Gagarin observes that most premodern legal cultures “wrote extensive sets of laws for academic purposes or propaganda but these were not intended to be accessible to most members of the community and had relatively little effect on the actual operation of the legal system.” This article addresses the implications of writing for customary or regional law in South and Southeast Asia. The textual tradition of Dharmaśāstra, which canonizes a particular model of Brahmin (...) customary norms, can certainly be called a “scholarly” exercise, and it was also intended as propaganda for the Brahmanical cosmopolitan world order. But it also formulated a procedural principle to recognize the general validity of other, even divergent, customary norms, though for the most part such rules remained lex non scripta. On the other hand, inscriptions provide evidence that writing was used for diverse legal purposes and offers glimpses of actual legal practice. In these records, customary laws are sometimes laid down as statutes by decree of a ruler or community body, or are simply invoked as long-established customary rules. But even when Dharmaśāstra texts are not directly cited, their influence over the longue durée is discernable in the persistence of śāstric legal categories and terms of art. This influence is even more evident in Java, where legal codes on the Dharmaśāstra model were composed in Javanese, and where the inscriptions came to exhibit a closer connection with śāstric discourse than is found in India. (shrink)

Late-term abortions are an issue of immense debate in India, where the Medical Termination of Pregnancy Act, 1971 permits abortions only up to 20 weeks of gestation. In special situations, such as pregnancy arising out of rape especially in the case of minors and the late diagnosis of congenital anomalies, there are no clear guidelines on the legal protocol that is to be followed, often resulting in a lack of consistency in terms of legal decision-making, as well as undue prolongation (...) of legal procedures. The Medical Termination of Pregnancy Act prohibits late-term abortions on the basis of personhood and viability of the foetus, to reduce sex-selective abortions and as it considers such abortions to be unsafe. However, a legal prohibition of late-term abortions does not prevent them, and this has led to a surge in the number of illegal, unsafe abortions that are detrimental to the health of women. There is also physical, mental and financial distress to women who are forced to continue their pregnancy, coupled with a lack of governmental support for the same. In comparison of India’s abortion laws with Singapore’s, which are more liberal, and Philippines, which are more restrictive, liberalisation of abortion laws appears to have a better outcome in reducing the incidence of unsafe abortions. This paper argues that the way forward is to liberalise the laws in terms of not only extending the gestational limit to at least 24 weeks but also making exceptions allowing no gestational limit in special cases that warrant them, such as rape victims and late foetal anomalies. The laws, drafted and implemented in consultation with medical professionals in the field, must also be lucid and not leave any room for misinterpretation by courts and health care providers. (shrink)

The term corporate social responsibility is often used in the boardroom, classroom, and political platform, but what does it really mean? Do corporations have ethical or philanthropic duties beyond their obligations to comply with the law? How does CSR relate to business ethics, stakeholder management, sustainability, and corporate citizenship? Mark Schwartz provides a concise, cutting-edge introduction to the topic, analyzing many case studies with the help of his innovative “Three Domain Approach” to CSR. _Corporate Social Responsibility_ also provides a chronology (...) of landmark contributions to the concept of CSR and includes CSR resources on organizations, global codes and criteria, corporate CSR reports, and websites and blogs. It is an invaluable resource for students, instructors, and business leaders looking to master the basics of CSR. (shrink)

Companies operating and located in emerging economy nations routinely couch their corporate social responsibility (CSR) work in nation-building terms. In this article, I focus on the Indian context and critically examine mainstream CSR discourse from the perspective of the culture-centered approach (CCA). Accordingly, five main themes of CSR stand out: nation-building facade, underlying neoliberal logics, CSR as voluntary, CSR as synergetic, and a clear urban bias. Next, I outline a CCA-inspired CSR framework that allows corporate responsibility to be re-claimed and (...) re-framed by subaltern communities of interest. I identify such resistive openings via interrogations of culture (I focus on oft-cited Gandhian ethics here), structure (State policy, organizational strategy, and global/local flows), and agency (subaltern reframing of institutional responsibility, engagement with alternative modes of agency, and deconstructive vigilance). (shrink)

This paper addresses questions of women’s autonomy in India and analyses its location within the legal discourse. The women’s movement has primarily tried to analyse questions of women’s autonomy through exploring women’s position in law. Among other indicators, women’s position in society is often analysed through marriage, divorce and property acts. This paper analyses the evolution of these acts and critiques whether they have led to women’s autonomy or merely subsumed questions of autonomy resulting in further marginalization of women in (...) the polity. The paper begins with the assumption that locations matter and that laws affect different women differently, particularly in the context of India where civil law is constantly pitted against personal and customary law. To understand the situation of women in India, therefore, an understanding of the evolution of laws seems necessary, because laws are considered to be primary markers of autonomy. (shrink)

Popular representations of third-world sex workers as sex slaves and vectors of HIV have spawned abolitionist legal reforms that are harmful and ineffective, and public health initiatives that provide only marginal protection of sex workers' rights. In this book, Prabha Kotiswaran asks how we might understand sex workers' demands that they be treated as workers. She contemplates questions of redistribution through law within the sex industry by examining the political economies and legal ethnographies of two archetypical urban sex markets in (...) India.Kotiswaran conducted in-depth fieldwork among sex workers in Sonagachi, Kolkata's largest red-light area, and Tirupati, a temple town in southern India. Providing new insights into the lives of these women--many of whom are demanding the respect and legal protection that other workers get--Kotiswaran builds a persuasive theoretical case for recognizing these women's sexual labor. Moving beyond standard feminist discourse on prostitution, she draws on a critical genealogy of materialist feminism for its sophisticated vocabulary of female reproductive and sexual labor, and uses a legal realist approach to show why criminalization cannot succeed amid the informal social networks and economic structures of sex markets. Based on this, Kotiswaran assesses the law's redistributive potential by analyzing the possible economic consequences of partial decriminalization, complete decriminalization, and legalization. She concludes with a theory of sex work from a postcolonial materialist feminist perspective. (shrink)

This article relies on two major business ethics books to propose a decalogue of corporate behavior. Notably, both Donaldson and Dunfee's Ties That Bind (1999) and Kerr et al.'s CSR: A Legal Analysis (2009) tried to avoid the sinuous and inconclusive normative quest for hypernorms of business social responsibility: the former proposed an integrated social contract between business and community, while the latter adopted a positivist approach, looking at existing law of all sorts, national and international, to decant eight principles (...) of CSR. Using a methodological tool from the first book, namely, the macrosocial contract between business and communities, this article updates the list proposed in the second book. As societal expectations evolve in time, emerging principles are included in the amended list, such as meeting tax obligations, refraining from taking advantage of disaster-struck communities, and prioritizing the human in the age of artificial intelligence. The mixed approach (ethical, contractarian, and positivist) allows introducing the 10 principles as “commandments”: initial reasonable content of a macrosocial for business, informed by undisputed ethical principles (hypernorms) and potentially implemented through positive law. (shrink)

Even though revolutions are central to the history of modern constitutionalism, some revolutions have invited more attention than others. This essay, a response to a symposium on India’s Founding Moment, underlines the significance of India’s constitutional founding and highlights ways in which India’s founders sought to create and develop democracy in a land where its supposed ingredients did not exist. The essay then turns to contemporary politics and considers the possibilities and limitations of the constitutional framework to (...) address the current concerns over democratic backsliding in India. (shrink)

This study examines how the sell-side analysts interpret firms’ corporate social responsibility activities. Specifically, we examine the differential impact of overall, legal, and normative CSR on the analysts’ earnings forecast dispersion, stock return volatility, cost of equity capital, and firm value. Employing a sample of U.S. public firms during 1993–2009, we find that overall CSR intensities reduce analyst dispersion of earnings forecast, volatility of stock return and cost of capital , and increase firm value. However, its impact is reduced for (...) firms with better accounting and disclosure quality. When we disaggregate CSR into legal and normative CSR, we find that legal CSR decreases analysts’ dispersion, stock return volatility, and COC, while legal CSR increases firm value. The sell-side analysts tend to have less information asymmetry regarding the net benefits of pursuing CSR that is required by laws. We find, however, that the benefit of having normative CSR realized in 1 year lag such that analyst dispersion, stock return volatility, COC decrease, respectively, and firm value increases. Furthermore, we find that the benefit of normative CSR is offset for firms with higher accounting and disclosure quality. (shrink)

This paper portrays the nature of child workers in India and seeks to understand its many complexities. It looks at the definition of child labour, the extent of its prevalence, the reasons why children work, and the occupations they are engaged in. It outlines India’s position on international obligations, its expanding domestic laws, and the tardy implementation of these laws. It examines some of the inherent cultural constraints and the role of values and beliefs in perpetuating child labour. It (...) analyses the relationship between education and child workers, and a possible solution in the form of compulsory education. The paper emphasises that child workers in India are from the marginalized sections and do not work out of choice. It stresses that this phenomenon is, above all, a problem for the children. The paper concludes by advocating the need to discard attitudes that are discriminatory or rationalise abuse, and the need to adopt a rights-based, child-centred approach to counter the increasing number of child workers. (shrink)

Given the rapid growth and emerging trend of e-commerce have changed consumer preferences to buy online, this study analyzes the current Indian legal framework that protects online consumers’ interests. A thorough analysis of the two newly enacted laws, i.e., the Consumer Protection Act, 2019 and Consumer Protection Rules, 2020 and literature review support analysis of 290 online consumers answering the research questions and achieving research objectives. The significant findings are that a secure and reliable system is essential for e-business firms (...) to work successfully; cash on delivery is the priority option for online shopping; website information and effective customer care services build a customer's trust. The new regulations are arguably strong enough to protect and safeguard online consumers' rights and boost India’s e-commerce growth. Besides factors such as security, privacy, warranty, customer service, and website information, laws governing consumer rights protection in e-commerce influence customers’ trust. Growing e-commerce looks promising with a robust legal framework and consumer protection measures. The findings contribute to the body of knowledge on e-commerce and consumer rights protection by elucidating the key factors that affect customer trust and loyalty and offering an informative perspective on e-consumer protection in the Indian context with broader implications. (shrink)

The paper attempts to develop an immanent conception of natural law and natural rights of Mohandas Karamchand Gandhi.

Early marriage rates in Indonesia, particularly in West Kalimantan, contribute significantly to the stunting problem. Progress is slow despite a decline from 11.21% in 2018 to 8.06% in 2022. Kapuas Hulu District has the second-highest stunting rate in the province. This research aims to develop a strategic partnership model to control early marriage and prevent stunting in Kapuas Hulu District. The model involves local government, health institutions, NGOs, the private sector, and local communities. Using the Four-Pillar Strategic Partnership Model by (...) Thomas (2012) and Bryson (2013), the study engages stakeholders in planning, organizing, implementing, and monitoring. The local government leads, the private sector provides resources through CSR, the community is empowered in decision-making, and academia offers research support. This integrated approach aims to prevent early marriages and reduce stunting effectively. Based on research and analysis of the Kapuas Hulu District Medium Term Development Plan (RPJMD), it can be concluded that the issue of early marriage or child marriage is not explicitly included or a focus in the regional development planning document. Ease of dispensation is a gap and has the potential to weaken efforts to implement policies to prevent child marriage. The level of public awareness greatly influences the practice of child marriage. The effectiveness of Law Number 16 of 2019 concerning Marriage, especially regarding the implementation of the minimum age limit for marriage, still faces many major challenges. (shrink)

This book analyzes the implementation of CSR reporting and codes of business conduct and ethics in the legal systems of the USA, Austria and China and their enforcement in international supply chain arbitrations. The book demonstrates that long-term profit maximization is increasingly intertwined with corporate ethics and CSR policies. In order to prevent window-dressing and greenwashing, certain control mechanisms and legal standards are required along the entire supply chain. This book introduces an ethics and CSR system recommending a reward-based whistleblowing (...) mechanism, internal oversight by a CSR and Ethics Committee comprised of independent board members and at least one sustainability expert, and an external, independent and comprehensive assurance of CSR reports provided by auditing firms or newly formed governmental agencies consisting of certified CSR experts. The author emphasizes the significance for supply chain leaders to ensure contractual enforcement of their codes of business ethics and conduct along the supply chain. Against this background, the author created a comprehensive fictitious case scenario covering a supply chain dispute arising from the breach of the supply chain leader’s code of business conduct and ethics by a lower-tier supply chain member. The author acknowledges the fact that in most of the cases the governing law of international supply chain contracts is English law or law based on English law. Thus, the author discusses potential contractual claims for damages arising from a loss of profits caused by a loss of reputation resulting from violations of core provisions of the chain leader’s supplier code of conduct pursuant to English law. As international supply chain disputes usually involve more than two parties, and international arbitration is the ideal means for the resolution of these disputes, the book compares the arbitration rules for consolidations and joinders of some of the most significant international arbitration institutions: SIAC, ICC, AIAC, ICDR, VIAC, CIETAC and HKIAC. The book is directed at legal practitioners, legislators of various jurisdictions, board members of corporations, ethics and compliance officers, academics, researchers and students. It is the author’s main goal that the book serves as an inspirational source for the establishment or the improvement of a corporate ethics and CSR system preventing window-dressing and greenwashing and covering the entire supply chain. Furthermore, it is intended that students develop a deeper understanding for the enforcement of corporate ethics and CSR policies. (shrink)

The advent of techniques of sex selection that rely on assisted reproduction led to a questioning of whether sex selection should be deemed always and everywhere unethical. While China and India are normally associated with condemned practices, they are also implicated in processes that constitute globally stratified sex selection inclusive of its more valued form, often referred to as family balancing. Through an application of Ong and Collier’s concept of global assemblage, I demonstrate how family balancing, which has taken on (...) a “global form,” is tied to an “assemblage” of factors related to the anti-natal, population control contexts that have been pervasive in Asia. Three simultaneously occurring processes since the mid-1990s constituted stratified sex selection: the surfacing of China and India as figurative counter examples in deliberations of ethics on new techniques; active national surveillance of sex ratios as well as denunciation and criminalization of sex selective abortion in China and India; and the role of China and India in neoliberalizing population control and developing globalized markets in reproduction. Accounting for globally stratified sex selection requires a more robust interpretation of ethics that rethinks disciplinary approaches just as much as relativist ones in which respect for individual autonomy tends to overtake all other concerns. (shrink)

There is a long-standing myth that the history of modern India was foretold at the beginning of the nineteenth century by British liberals who predicted that the enlightened despotic rule of India's new conquerors would, by its beneficial effects, improve the native character and institutions sufficiently to prepare the people of that country one day to govern themselves. Lord William Bentinck, a disciple of Jeremy Bentham, while presenting as governor-general his case for the opening up of India to European settlers, (...) speculated on the possibility of “a vast change to have occurred in the frame of society . . . which would imply that the time had arrived when it would be wise for England to leave India to govern itself”, but added that such change “can scarcely be looked for in centuries to come”. The doctrinal basis within liberal theory for justifying a democratic country like Britain exercising despotic power in colonies such as Ireland and India was securely laid out by mid-century liberals such as John Stuart Mill. The project of “improvement” was revived at the end of the nineteenth century by Gladstonian liberals who inducted elite Indians into new representative institutions based on a very narrow franchise in preparation for some form of self-government. When power was ultimately transferred to the rulers of a partitioned subcontinent in 1947, the history of liberal progress in India was complete. The storyline was laid out, for instance, in Thompson and Garratt's Rise and Fulfilment of British Rule in India or in Percival Spear's revised edition of the hugely successful textbook by Vincent Smith. Even nationalist Indian scholars adopted at least a part of this story, nowhere more so than in the histories of constitutional law which traced the foundations of the postcolonial Indian republic to the progressive expansion of liberal state institutions under British rule. (shrink)