The Indian Yearbook of Law and Interdisciplinary Studies

217 Pages·5.714 MB·English

by  Ranita Nagar (editor), Hiteshkumar Thakkar (editor)

THE INDIAN YEARBOOK OF LAW AND
INTERDISCIPLINARY STUDIES
This yearbook focuses on law and its interdisciplinarity in India. It brings
together scholars of law, economics, and policy to foster multidisciplinary think-
ing and analysis across subject areas. The contributors to this volume embody an
interdisciplinary spirit through their academic experience and aim to bring to
the fore unique suggestions for a better understanding of the law.
The volume explores various key issues that are central to state policy d emanded
by a functioning democracy, in terms of democratic quality, aspirations, and sus-
tainability. It discusses global and social issues, such as foreign interference in
domestic elections, feminism, and climate change and looks at other subjects such
as economics, religion, history, and literature from the perspective of law.
A unique contribution to the study of law in India, this book will be an
essential read for scholars and researchers of law, jurisprudence, political sci-
ence, economics, public policy, sociology, social anthropology, the Indian
Constitution, and South Asia studies.
Ranita Nagar is Professor of Economics and Head of Center for Law and
Economics, Gujarat National Law University, Gandhinagar, India.
Hiteshkumar Thakkar is Assistant Professor of Economics at Gujarat National
Law University, Gandhinagar, India. He holds a PhD degree in Economics &
Law. His areas of research interest are macroeconomics, and law & e conomics. He
has edited numerous books and has published several papers in indexed journals.

THE INDIAN
YEARBOOK  OF
LAW AND
INTERDISCIPLINARY
STUDIES
Pluralistic Discourse
Edited by Ranita Nagar and
Hiteshkumar Thakkar
Designed cover image: @ Getty Images
First published 2023
by Routledge
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and by Routledge
605 Third Avenue, New York, NY 10158
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2023 selection and editorial matter, Edited by Ranita Nagar and
Hiteshkumar Thakkar; individual chapters, the contributors
The right of Ranita Nagar and Hiteshkumar Thakkar to be identified
as the authors of the editorial material, and of the authors for their
individual chapters, has been asserted in accordance with sections 77 and
78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced
or utilised in any form or by any electronic, mechanical, or other
means, now known or hereafter invented, including photocopying and
recording, or in any information storage or retrieval system, without
permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks
or registered trademarks, and are used only for identification and
explanation without intent to infringe.
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
ISBN: 978-0-367-67853-1 (hbk)
ISBN: 978-0-367-71382-9 (pbk)
ISBN: 978-1-003-15056-5 (ebk)
DOI: 10.4324/9781003150565
Typeset in Bembo
by codeMantra
CONTENTS
List of fgures ix
List of tables xi
List of contributors xiii
Acknowledgements xvii
Introduction to the Yearbook 1
1 Anthropogenic Harms and Market Fundamentalisms:
Solar Geoengineering: All Perils, and No Promises? 11
Upendra Baxi
1.1 I ntroduction: The Anthropocene as a Shorthand
for Notion of Anthropogenic Harm 11
1.2 Geoengineering Techniques: Promise and Perils 13
1.3 Non-Use of Solar Engineering Technology? 15
1.4 Conclusion 17
2 Outside Infuence on Democratic Elections 26
Saul Levmore
2.1 Introduction 26
2.2 Democracy and Externalities 27
2.3 Money in Politics 33
2.4 Conclusion 35
vi Contents
3 Jammu & Kashmir’s Constitutional Status: Constitutional
Bargain and ‘Erosion’ of Article 370 39
Zaid Deva
3.1 Introduction 39
3.2 Sheikh, Nehru, and Bargain Theory 40
3.3 Set Theory and the Two Legal Orders 45
3.4 Conclusion 52
4 Violence in Public and Private Spaces: A Behavioural
Economic Analysis of Women-Specific Legislation in India 58
Rasananda Panda and Aneri Patel
4.1 Introduction 58
4.2 Theorizing Violence 60
4.3 Analysing Women-Specific Legislations 64
4.4 Violence in Public and Private Spheres: A Comparative Analysis 68
4.5 Conclusion 69
5 The Stick and Carrot Approach towards Environmental
Fiscal Reform in India
Stephanus van Zyl 74
5.1 Introduction 74
5.2 Environmental Tax Penalties 75
5.3 Environmental Tax Incentives 82
5.4 Conclusion 87
6 Is There a Case for Basic Income Support in India?
Assessment Based on Verifiable Criteria 98
Ram Singh
6.1 Introduction 98
6.2 Using Verifiable Criteria to Get a Sense of the Poor Households 100
6.3 Identification Based on Verifiable Criteria 103
6.4 Why Direct Income Support? 107
6.5 The Trade-offs and the Way Forward 109
Acknowledgements 110
7 ‘To Censor or Not to Censor’ – Is It a Legal or Social
Conundrum? 113
Joshua Aston and Cecilia Anthony Das
7.1 Obscenity versus Freedom of Speech and Expression? 114
7.2 Indian Cinema and Obscenity 117
7.3 Hicklin’s Test 119
Contents vii
7.4 Legal Aspects of Obscenity in India, the Censorship,
and Media Law 120
7.5 Provisions of the Indian Constitution for Censorship 122
7.6 Conclusion 125
8 The Governance of Property: The Gift Economy and the
Sikh Gurdwaras Act, 1925 128
Jaivir Singh and Anmol Waraich
8.1 Introduction 128
8.2 Gurdwaras – A Brief History 129
8.3 Seva 131
8.4 The Gift Economy 132
8.5 The Sikh Gurdwaras Act, 1925 133
8.6 Conclusion 139
9 Using Contemporary Literature and Popular Culture to
Study Law: The Possibilities Inherent in Fantasy Fiction
and Harry Potter 143
Shouvik Kumar Guha
10 The Necessity of Teaching History to Law Students 156
V.S. Elizabeth
10.1 Introduction 156
10.2 The Purpose of Legal Education 158
10.3 Relevance of Studying History 161
10.4 A Brief Overview of the Research and Teaching of
Legal History Outside India till the 1980s 163
10.5 The Teaching of History at NLSIU 166
10.6 Conclusion 169
11 Women and Empowerment: Pay Disparity in Organised
and Unorganised Sectors 172
Hiteshkumar Thakkar and Anant Agarwal
11.1 Introduction 172
11.2 Literature Review and Forming the Research Questions 173
11.3 L aw and Economics of Gender Pay Gap and Disparity
between Unorganised and Organised Sectors 176
11.4 Analysis and Conclusion 182
I ndex 189

FIGURES
3.1 I llustration of the intersection of the two sets, I and J&K,
during the colonial rule 46
3.2 Illustration of the disappearance of the grey area implying
the end of paramountcy and those informal and formal
arrangements that kept J&K under the control of the British 46
3.3 Illustration of how the India–J&K shared constitutional space
comes into being in the aftermath of the execution of the IoA.
Here the grey area represents the same shared constitutional space 47
3.4 Illustration of the increase in the quantum of accession as
a result of the enactment of the 1954 order and the state
constitution of 1957 48
3.5 Illustration of the difference between the P1 and P2. Even
though both form part of the shared constitutional space,
certain features of P2 demand this distinction from P1 49
3.6 Illustration of the burgeoning of the shared constitutional
space and the squeezing out of the J&K’s own constitutional
identity 50
3.7 Illustration of how the J&K legal order was incorporated in
the Indian one 51
3.8 Illustration of the establishment of the NBZ 51
3.9 Illustration of the end of J&K’s legal order and the formal
occupation of the legal space by the Indian legal order 52
6.1 Average income-consumption expenditure according to decile
classes (based on NAFIS 2016–2017) 101
6.2 Monthly income and consumption expenditure of agricultural
households by size of land possessed (Ha) (based on SAS
Report, 2013) 102