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Killing in the Name Of? Capital Punishment in Colonial and Postcolonial India

Bibliographic Data

ID12073049
AuthorsAlastair Mcclure (0000-0002-8961-8805, University of Hong Kong, corresponding author)
Year2022
Volume41
Issue2
Pages365-385
Publication date2022-10-07
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueLaw and History Review (JOURNAL)
Journal identifiersISSN: 0738-2480 • E-ISSN: 1939-9022
PublisherCambridge University Press (CUP) (PUBLISHER)
DOI10.1017/s0738248022000335
OpenAlexW4303182857
LanguageEN
Citations received1
References cited7

Unlike whipping, which was quickly abolished following independence, India has continued to hold tightly to the noose’s rope and remains a retentionist country to our present day. Notably, though the number of executions would fall dramatically in the first decades of India’s postcolonial history, the list of crimes made punishable by death has grown ever longer in recent years. Rather than positing the continued presence of the death penalty as an anachronism ill-suited for a modern democracy, this article takes seriously the legal and discursive developments that allowed the most infamous of penal institutions to travel safely across India’s twentieth century. From something that begun as a distilled expression of racialised colonial state power, like many other state institutions during this period, the death penalty would undergo a series of changes to remain relevant amidst new organizing political principles of representative democracy and popular will. Moving from the first formal efforts at abolition in the 1920s, through constitutional assembly debates in the 1940s, and Supreme Court judgements between 1967-83, the article positions capital punishment as a product of both deep colonial inheritances, and a particular process of postcolonial translation. Becoming fully couched in the language of popular sentiment by the culmination of this legal transformation, this violence would become well-positioned to grow within a national political culture increasingly organised around majoritarian expressions of national belonging

Anachronism · Ancient history · Capital (architecture · Colonialism · Democracy · Independence (probability theory · Political science · Politics · Power (physics · Sociology · State (computer science · Cuban History and Society · History · Law · South Asian Studies and Conflicts · Vietnamese History and Culture Studies

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Unique citing works1
Citations per year0.5
Citation span2024 - 2024 (1)
Citation velocityrecent
Highly citedNo
Citation typesNeutral: 1

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