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0026749X_45-1.qxd 12/14/10 8:31 PM Page 1 M VOLUME 45 PART 1 JANUARY 2011 M M VOLUME 45 PART 1 JANUARY 2011 o CONTENTS d ISSN 0026-749X o e o TAYLOR C. SHERMAN, WILLIAM GOULD r n d AND SARAH ANSARI: From Subjects to Citizens: Society and the Everyday State in India and Pakistan, A d 1947–1970 1 s e ELEANOR NEWBIGIN: Personal Law and Citizenship in i a India’s Transition to Independence 7 e r WILLIAM GOULD: From Subjects to Citizens? Rationing, n n refugees and the publicity of corruption S r over Independence in UP 33 t u YASMIN KHAN: Performing Peace: Gandhi’s d n assassination as a critical moment in the A i consolidation of the Nehruvian state 57 e s TAYLOR C. SHERMAN: Migration, Citizenship and s Belonging in Hyderabad (Deccan), 1946–1956 81 A IAN TALBOT: Punjabi Refugees’ Rehabilitation and the i Indian State: Discourses, Denials and Dissonances 109 a MARKUS DAECHSEL: Sovereignty, Governmentality V O s and Development in Ayub’s Pakistan: the Case L n of Korangi Township 131 U SARAH ANSARI: Everyday expectations of the state M i E during Pakistan’s early years: Letters to the Editor, 4 a Dawn (Karachi), 1950–1953 159 5 S DANIEL HAINES: Concrete ‘progress’: irrigation, From Subjects to Citizens: development and modernity in mid-twentieth P n t century Sind 179 AR Society and the Everyday u CATHERINE COOMBS: Partition Narratives: Displaced T trauma and culpability among British civil servants 1 State in India and Pakistan, in 1940s Punjab 201 S d 1947–1970 J A N i U t A e R Guest Editors Y u 2 s 0 Taylor C. Sherman, William Gould 1 1 d and Sarah Ansari i e s Cambridge Journals Online For further information about this journal please go to the journal website at: journals.cambridge.org/ass 0026749X_45-1.qxd 12/14/10 8:31 PM Page 2 notes to contributors Modern Asian Studies Modern Asian Studies promotes original, innovative and rigorous research on the history, sociology, anthropol- editor: Joya Chatterji, University of Cambridge ogy and economics of modern Asia. Covering South Asia, South-East Asia, China, Japan and Korea, the book review editor: Norbert Peabody, University of Cambridge journal is published in six parts each year. It welcomes articles which deploy inter-disciplinary and compar- ative research methods. Modern Asian Studiesspecialises in the publication oflonger monographic essays based executive committee on path-breaking new research; it also carries substantial synoptic essays which illuminate the state of the broad field in fresh ways. Issues ofthe journal will occasionally contain a forum ofarticles on related themes. Seema Alavi, University of Delhi Charles Schencking, University of Hong Kong Responses to issues raised in the fora are welcomed by the Editor and will be subject to the usual review Timothy Harper, University of Cambridge Hans Van de Ven, University of Cambridge procedure. It contains a book review section which offers detailed analysis of important new publications in Caroline Humphrey, University of Cambridge David Washbrook, University of Cambridge the field. Substantial review articles will be commissioned to discuss important new books. The Editor also welcomes proposals for such reviews. Unsolicited review articles will be accepted on the basis of peer review. editorial board Submissions Shahid Amin, University of Delhi Victor Lieberman, University of Michigan Submission of an article will be taken to imply that it has not been previously published and that it is not on offer to any other publisher. Authors of articles published in the journal assign copyright to Cambridge Sunil Amrith, University of London Claude Markovits, Centre National de la University Press (with certain rights reserved) and will receive a copyright assignment form for signature on Christopher Bayly, University of Cambridge Recherche Scientifique, Paris acceptance of their paper. Authors are responsible for obtaining permission to reproduce any material in Sumantra Bose, The London School Magnus Marsden, University of London which they do not own copyright, to be used in both print and electronic media, and for ensuring that the of Economics & Political Science Rana Mitter, University of Oxford appropriate acknowledgements are included in their manuscript. Prasenjit Duara, National University Tirthankar Roy, University of London The Editor welcomes expression ofall shades ofopinion, but responsibility for them rests with their author. of Singapore James Scott, Yale University The Editorial Board regrets that it is not able to relay reports for articles not accepted for publication. Wang Gungwu, National University Samita Sen, Jadavpur University All correspondence should be addressed to: Dr Joya Chatterji at [email protected] of Singapore Ornit Shani, University of Haifa Text and Manuscript Preparation Farhat Hasan, University of Delhi Eric Tagliacozzo, Cornell University All articles (text and footnotes) must be clearly typed in single spacing throughout, including footnotes. Engseng Ho, Duke University Robert Travers, Cornell University Submissions must be submitted as an email attachment in Word. The use of diacritical marks, italics and Isabel Hofmeyr, University of C. J. W.-L. Wee, Nanyang Technological capital letters should be kept to a minimum. All sources or references should be incorporated as footnotes, cited in full in the first instance, within the body of the text. References Witwatersrand University repeated in the footnotes should be by author and short title. 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Offprints Each author will receive a PDF file of his or her published article and a copy of the journal issue in which it appears. copying Information on Modern Asian Studies and all other Cambridge journals can be accessed via www.journals.cambridge.org This journal is registered with the Copyright Clearence Center, 27 Congress St, Salem, Mass. 01970. Organizations in the USA who are also registered with C.C.C. may therefore copy material (beyond the lim- its permitted by sections 107and 108of US copyright law) subject to payment to C.C.C. of the per-copy fee This journal issue has been printed on FSC-certified paper and cover board. FSC is an independent, of $12.00. This consent does not extend to multiple copying for promotional or commercial purposes. Code non-governmental, not-for-profit organization established to promote the responsible management of the 0026–749x/11$12.00.ISI Tear Sheet Service, 3501Market Street, Philadelphia Pennsylvania 19104, USA, world’s forests. Please see www.fsc.org for information. is authorized to supply single copies of separate papers for private use only. Organizations authorized by the Copyright Licensing Agency may also copy material subject to the usual conditions. For all other use, per- © CambridgeUniversityPress2011 mission should be sought from Cambridge or the American Branch of Cambridge University Press. Advertising Printed in the United Kingdom by the University Press, Cambridge All advertising enquiries from US, Mexico and Canada please contact the Advertising Coordinator (New York) at [email protected]. All enquiries from the Rest of the World please contact Becky Roberts–Advertising Executive (UK) at [email protected]. ModernAsianStudies45,1(2011)pp. 1–6.(cid:2)C CambridgeUniversityPress2010 doi:10.1017/S0026749X10000235 Firstpublishedonline3November2010 From Subjects to Citizens: Society and the Everyday State in India and Pakistan, ∗ 1947–1970 TAYLOR C. SHERMAN DepartmentofInternationalHistory,LondonSchoolofEconomics, LondonWC2A2AE,UK Email:[email protected] WILLIAM GOULD SchoolofHistory,UniversityofLeeds,Leeds,LS29JT,UK Email:[email protected] SARAH ANSARI DepartmentofHistory,RoyalHolloway,UniversityofLondon,Egham, TW200PX,UK Email:[email protected] Introduction This special issue of Modern Asian Studies explores the shift from colonial rule to independence in India and Pakistan, with the aim of unravelling the explicit meanings and relevance of ‘independence’ for the new citizens of India and Pakistan during the two decades after1947.WhilethestudyofpostcolonialSouthAsiahasblossomed inrecentyears,thisvolumeaddressesanumberofimbalancesinthis ∗ The papers in this volume were originally presented at a workshop, held on 4 September2008,aspartofaprojectfundedbytheArtsandHumanitiesResearch Council(AHRC)entitled, FromSubjectstoCitizens:SocietyandtheEverydayStateinIndia and Pakistan. The editors would like to thank the participants at that seminar for theirlivelydiscussionofthesepapers,andtheAHRCforitsgeneroussupportforthis project. 1 2 TAYLOR C. SHERMAN, WILLIAM GOULD AND SARAH ANSARI dynamic and highly popular field. Firstly, the histories of India and Pakistanafter1947havecometobeconceivedseparately,withmany scholarsassumingthatthetwostatesdevelopedalongdivergentpaths afterindependence.Thus,thedominanthistoricalparadigmhasbeen to examine either India or Pakistan in relative isolation from one another. While a handful of very recent books on the partition of thesubcontinenthavebeguntostudythetwostatessimultaneously,1 veryfewofthesenewhistoriesreachbeyondtheimmediateconcerns of partition.2 Of course, both countries developed out of much the samesetofhistoricalexperiences.Viewingthetwostatesinthesame framenotonlyallowsthecontributorstothisissuetoexplorecommon themes, it also facilitates an exploration of the powerful continuities betweenthepre-andpost-independenceperiods. Secondly,thepapersthatfollowposenewquestionsaboutthenature ofthestateinearlypostcolonialSouthAsia.Asmallnumberofrecent historical works concerning India and Pakistan in the immediate aftermathofindependencehavebeguntobridgethegapbetweenthe studyof‘high’and‘low’politicsinSouthAsiabyexamininglow-level state programmes such as refugee rehabilitation and the recovery of abductedwomen.3 However,therehasbeenverylittlehistoricalwork onthedevelopmentofpopular,publicculturessurroundingthestate in South Asia at this time. This special issue seeks to fill this gap by drawing on recent anthropological work on the ‘everyday state’.4 Thus, whilst remaining sensitive to the ambiguity and complexity of the boundaries between state and society, many of its papers focus on the functioning of the state in everyday life where it was actually experienced by ordinary people, with contributors exploring the interplay between the rhetorical, ideological platforms set out in New Delhi and Karachi and the interpretations of these agendas in 1 Tan Tai Yong and Gyanesh Kudaisya, The Aftermath of Partition in South Asia (London:Routledge,2000);VaziraFazila-YacoobaliZamindar,TheLongPartitionand the Making of Modern South Asia: Refugees, Boundaries, Histories (New York: Columbia UniversityPress,2007). 2 Dipesh Chakrabarty, Rochona Majumdar, and Andrew Sartori, (eds), From the ColonialtothePostcolonial:IndiaandPakistaninTransition(NewDelhi:OxfordUniversity Press,2007). 3 Forexample,Zamindar,TheLongPartition,RituMenonandKamlaBhasin,Borders andBoundaries:WomeninIndia’sPartition(Delhi:KaliforWomen,1998). 4 C.J.Fuller,andVeroniqueBenei,(eds),TheEverydayStateandSocietyinModern India (New Delhi: Social Science Press, 2000); Thomas Blom Hansen, and Finn Stepputat, (eds), StatesofImagination:EthnographicExplorationsofthePostcolonialState (Durham:DukeUniversityPress,2001). 3 FROM SUBJECTS TO CITIZENS different localities. This framework significantly augments current understanding of postcolonial South Asia, without replicating the longstanding divide between histories of ‘high’ and ‘low’ politics in SouthAsia. Thisvolumedivergesfromtheexistinghistoriographicaldiscussions aboutthenatureofthetransitionfromthecolonialtothepostcolonial. Overthepastdecade,scholarshiponthesubjecthasbecomeensnared inadebateaboutwhetherornot1947markedadistinctbreakinthe historyofthesubcontinent.Theprocessoftransition,however,wasfar too complex to be encapsulated in the dichotomy change/no change. As the papers here demonstrate, partition and the integration of the princely states often had a profound effect on the everyday lives of manyofthenewcitizensofIndiaandPakistan.Moreovertheseevents notonlyalteredthegeographicalextentofthestatesofSouthAsia,but alsoexpandedthestates’responsibilitiesandopenedupopportunities forgovernmentstopursuepoliciesdistinctfromthoseoftheircolonial predecessors. At the same time, however, the papers indicate that, whilstthestateinSouthAsiawassubjecttoconsiderableadjustment in the transition to independence, the rhetorical underpinnings of the postcolonial states were often not so novel and, in many cases, the state’s modus operandi did not change during this period. Thus, discourses originating in development regimes, or the nationalist movementsofthefirsthalfofthetwentiethcentury,shapednotonly the policies of independent governments, but also the demands that postcolonialcitizensmadeofthem.Inaddition,therationing,requis- ition and recruitment policies introduced during the Second World Warstretchedstatebureaucraciestotheirwidestextenttodate,and, simultaneously, revealed new weaknesses and opened up new oppor- tunitiesforcorruptionthatstretchedintothepostcolonialperiod. Untilveryrecentlyitwasalsocommontoviewthedecadesbetween 1947andthepresent(2010)asasingleperiodinthehistoryofSouth Asia.Whilstlinesofperiodizationarealwaysperiloustodraw,today’s mostcutting-edgescholarshipsuggeststhatitdoesmakesomesense toregardtheintervalbetweenthe1930sandthe1960sasadistinct stageinSouthAsianhistory.Bythethirddecadeafterindependence, the major tensions extant in the nation-building projects of both India and Pakistan could no longer be contained. As these tensions erupted,theybegantodisrupttheordinaryfunctioningofpoliticsand to tear apart existing social bonds. This is not to suggest, however, that the time before 1970 was a golden age: quite the contrary. The propensity to study the first two decades of postcolonial rule 4 TAYLOR C. SHERMAN, WILLIAM GOULD AND SARAH ANSARI alongsidemorerecentdecadeshastendedtooverstatethecoherence and stability of the former, especially with respect to India. India’s much-discussed ‘crisis of secularism’5 in the 1990s elicited many rose-tinted evaluations of the Nehruvian state’s secular credentials, but the contributions below by Gould, Newbigin, and Sherman highlight the extent to which this nostalgic view misjudges the early years of independence in India. Indeed, looking at this earlier era from a historical perspective, it becomes clear that the nature of the state and the content of citizenship were keenly contested at this time. It is in these contests, therefore, that one finds a distinct set of issuesandthemesthatcharacterizethisperiod. Amongsttheseissues,thesignificanceoftheperformativeaspectof state power on the subcontinent is stressed in many of the papers in thisvolume.Recentlyresearchershavecometohighlightthewaysin which both colonial and early postcolonial rule were characterized by infrequent but spectacular displays of state power. From the use of exemplary force to maintain ‘law and order’ in the districts, to the drafting of grand schemes designed to awe or inspire the population, certain projects or actions of the state were imbued with extraordinary meaning and designed to send a message to the population at large. Both postcolonial India and Pakistan used ceremony to underscore the legitimacy of the state and to chart a vision of the nation after independence. Khan shows that Gandhi’s death rituals, including the distribution of his ashes to disparate locations in India, provided a medium through which the Congress party could try to unite a nation that had been deeply fractured by the experience of partition. In postcolonial Pakistan, as Haines and Daechsel demonstrate, large-scale development projects were often used to assert (frequently with an eye to impressing international audiences)thecapacityofthestatetoshapenotonlythelandandthe builtenvironment,buttodisciplinethepeopleinhabitingthesespaces. Thattheseprojectswereessentiallyspectacularinnaturewasevident in governments’ frequent disregard for the practical consequences of such schemes for the population, and the subsequent failure of someofthemostprominent ofthem. Coombs’workalsoemphasizes the performative aspect of power as she traces the ways in which the disproportionate influence which British ICS officers often had overeventsintheirdistrictsdissipatedwhenitbecameclearthatthe 5 See Anuradha Dingwaney Needham and Rajeshwary Sundar Rajan (eds), The CrisisofSecularisminIndia(Durham,NorthCarolina:DukeUniversityPress,2007). 5 FROM SUBJECTS TO CITIZENS British were leaving the subcontinent. Without the assurance that suchdisplaysoflimitedbutspectacularpowerwouldbebackedbythe kind of favours that only the state could provide, the acts of British officerswereunabletostemtheviolenceofpartition.Thiscontributed to the popular sense that the state ‘disintegrated’ during partition. Indeed,thestatehasoftenbeen‘writtenout’ofpersonalnarrativesof partition,whetherfromICSmenorfromPunjabirefugees,asshown bybothCoombsandTalbot. Partition’seffectonthestateandtheextraordinarypressuresthat the violent displacement of people put upon state resources is the second prominent theme in this period. The state had an ambiguous placeintheyearsstraddlingpartition:ontheonehand,thestruggles of partition coupled with the promises made by nationalist leaders raised expectations to unprecedented heights. Vulnerable refugees wereoftenextremelyreliantuponthestate,andrehabilitationplans often brought populations that had had no previous contact with the state into its orbit. On the other hand, as Ansari’s work reveals, the early postcolonial period was no golden age for many citizens: theirkeenexpectationsthateverydaylifewouldimprovedramatically after independence often met with bitter disappointment. Members of the population frequently voiced their resentment at the failures of their new government servants to live up to the expectation that citizens be given fair access to goods and services. Indeed, as Gould makes clear, access to services was often secured through kinship networks rather than through the functioning of impartial bureaucratic procedures. And the inadequacies of the state from poor planning to deficient implementation opened up opportunities for corruption to flourish. Indeed, as Ansari, Talbot and Gould note, citizens’ often lofty expectations were regularly coupled with a remarkable willingness on the part of individuals to use their own guiletomanipulatethoseserviceswhichthestatedidprovidetosecure personaladvantage.Indeed,theweaknessofthepostcolonialstatein bothIndiaandPakistanemergesasasurprising,butrecurrenttheme in this period. Of course, it is common to lament the ineptitude of the early Pakistani state, especially in comparison with that of India. But these papers reveal that the Indian state, whilst undoubtedly endowed with more resources than Pakistan, was often internally incoherent and its officers seem to have been perpetually subject to undue influence. Furthermore, as Gould and Sherman underline, it was often individual state actors who did most to circumvent state structures for their own ends. This fact, which helps explain the gulf 6 TAYLOR C. SHERMAN, WILLIAM GOULD AND SARAH ANSARI between official rhetoric and the everyday experience of the state, suggests that historians ought to do more to problematize the very natureofthestateduringthisperiod. Finally, these papers demonstrate that conceptions of citizenship were far from settled in this period, even in India where the constitution was drafted and enacted relatively quickly. Although citizenship was defined using the language of abstract rights, the situationwasinvariablyfarmorecomplexthanthis.Astheyemerged out of partition, the religious identities of individuals assumed extraordinary importance in the new states of South Asia, not least forthedisplaced,whoseaccesstoprivilegesoftenwastiedtotheway in which the state identified them. Whilst partition was important, the ways in which ideas of citizenship were inscribed with religious and gender norms often had their origins in the colonial period. The fundamental rights written into the Indian constitution, according to Newbigin, were demarcated within colonial legal structures which ensured that these legal conceptions of citizenship were mediated by religious and gender norms. As a result, the rights contained in the Indian constitution were often most compatible with the interests of Hindumen.Citizenshipwasnotonlyshapedattheconstitutionallevel, quotidianconceptionsofbelongingwereequallyimportant.Locallevel understandings of who was worthy of citizenship were often coloured bytheintensesocialpolarisationwhichaccompaniedthepartitionof the subcontinent. In partition’s long wake, the loyalty of Muslims in Indiaremainedsuspectlongaftertheviolencehadsubsided.According to Gould’s research, an individual’s Muslim identity could add force to allegations of corruption. Likewise, Sherman reveals the ways in which Muslims of non-Indian origin residing in Hyderabad (Deccan) wererenderedsuspectintheaftermathoftheinvasionofHyderabad in1948:manyweredeportedorencouragedtoleavenotbecausetheir legal rights had changed, but because informal notions of belonging wouldhavethemexcludedfromIndiaafter1947. Clearly,thefirsttwodecadesfollowingindependencewitnessedan intense contest over the meaning and responsibilities of citizenship, and over the purpose and scope of the postcolonial state. By viewing India and Pakistan in the same frame, and examining the state in itsinteractionswiththepopulationattheeverydaylevel,thisspecial issueoffersafreshlookatthefieldofearlypostcolonialhistory. ModernAsianStudies45,1(2011)pp. 7–32.(cid:2)C CambridgeUniversityPress2010 doi:10.1017/S0026749X10000338 Personal Law and Citizenship in India’s Transition to Independence ELEANOR NEWBIGIN SchoolofOrientalandAfricanStudies,ThornhaughStreet, LondonWC1H0XG,UK Email:[email protected] Abstract Studiesofthepost-colonialstatehaveoftenpresenteditasastructurethathas fallenunderthecontrolofself-interestedsectionsoftheIndianelite.Intermsof citizenship,thefailureofthestatetodomoretorealizetheegalitarianpromise oftheFundamentalRights,setoutintheConstitutionof1950,hasoftenbeen attributedtointerferencebythesepowerfulelite.Tracingtheinterplaybetween debates about Hindu property rights and popular support or tolerance for the notion of individual, liberal citizenship, this paper argues that the principles espoused in the Fundamental Rights were never neutral abstractions but, long beforeindependence,werefirmlyembeddedinthematerialworldoflate-colonial politicalrelations.Thus,incertainkeyregards,thecitizen-subjectoftheIndian Constitution was not the individual, freed from ascriptive categories of gender or religious identity, but firmly tied to the power structures of the community governedbyHindulaw. Introduction The inclusion of a list of Fundamental Rights in the Constitution of 1950 seemed to make real a long standing Congress promise: that independencefromBritishrulewouldbringaboutadramaticchange in the lives of ordinary Indians. Modelling itself on documents such as the French Declaration of the Rights of Man and the American Bill of Rights, the Indian Fundamental Rights set out a vision of the individual citizen-subject, unfettered by notions of gender, religion or caste. The Rights have been seen to mark a profound difference betweenthenation-stateanditscolonialpredecessor.1 Underpinning the colonial administration and legal system was an understanding 1 GranvilleAustin,TheIndianConstitution:CornerstoneofaNation(OxfordUniversity Press,NewDelhi,1999edn,1966),pp.50–61. 7 8 ELEANOR NEWBIGIN ofIndiansocietyascomprisingnotautonomousindividualsbutsocial collectives, defined by caste, gender and religious identity.2 Indians’ relationshipwiththecolonialstatewas,inthemain,mediatedthrough this group identity—access to political office or the law was shaped by a subject’s sex and the religious or caste community to which he or she belonged. The passage of the Fundamental Rights suggested a radical reform of this state-society relationship; whereas colonial subjecthoodwaspremisedondifferenceandindirectcontactwiththe state, citizenship suggested a direct relationship between the state andeachandeveryindividualIndian. Six decades after independence, it is clear that many Indians do not enjoy the citizenship rights set out in the constitution. Indians’ access to state influence and resources remains very much mediated by gender, class and religion. In trying to explain the post-colonial state’sfailuretosecuresocialequality,academicshaveoftenfocused on the way in which the state applied citizenship and governance afterindependence,helpingtoreinforceasensethat15August,1947 marksaclearwatershedintheIndianpopulace’srelationshipwiththe state.Therehasbeenlittleconsiderationofthehistoricalevolutionof Indiancitizenshiporofhowthismighthaveinformedthedevelopment of a state-citizen nexus after independence.3 Rather, political and social inequality in contemporary India has been attributed to the dominance of self-interested sections of the Indian elite, who have captured state structures and resources.4 Supporting a notion that thecurrentIndianstateisin‘crisis’,thisargumentimpliesthat,were itnotforthiselitedomination,theIndianstatewouldbeabletosecure theequalcitizenshipwrittenintoitsconstitutionintheabstract. The idea of the current crisis of the Indian state rests on the assumption that there exists a ‘correct’ model of state power and/or 2 D. A. Washbrook, ‘Law, State and Agrarian Society in Colonial India’, Modern Asian Studies, vol. 15, no. 3, (1981), pp. 653–658; Rosalind O’Hanlon, ‘Issues of Widowhood:GenderandResistanceinColonialWesternIndia’inDouglasHaynes andGyanPrakash(eds),ContestingPower:ResistanceandEverydaySocialRelationsinSouth Asia(OxfordUniversityPress,NewDelhi,1991),pp.62–108,especiallypp.77–79. 3 Recent exceptions are Mrinalini Sinha, Specters of Mother India: the Global Restructuring of an Empire (Duke, Durham & London, 2006); and Rajnarayan Chandavarkar ‘Customs of Governance: Colonialism and Democracy in Twentieth CenturyIndia’,ModernAsianStudies,vol.41,no.3(2007),pp.441–470. 4 PranapBardhan,ThePoliticalEconomyofDevelopmentinIndia(Blackwell,Oxford, 1984); Achin Vanaik, India’s Painful Transition: Bourgeois Democracy in India (Verso, London,1990);AtulKohli,DemocracyandDiscontent:India’sGrowingCrisisofGovernability (CambridgeUniversityPress,Cambridge,1991).

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