Public Spaces and the State in India
Identity and Property in the Hijab Controversy
Bibliographic Data
| ID | 3793306 |
|---|---|
| Authors | Arpan Acharya (0000-0002-9254-3701, O. P. Jindal Global University, corresponding author) |
| Year | 2025 |
| Volume | 12 |
| Issue | 3 |
| Pages | 1-22 |
| Publication date | 2025-08-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Asian Journal of Law and Society (JOURNAL) |
| Journal identifiers | ISSN: 2052-9015 • E-ISSN: 2052-9023 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/als.2025.10013 |
| OpenAlex | W4412818412 |
| Language | EN |
| References cited | 41 |
The article looks at the question of how property is constitutive of identity. Dominance over material resources and formation of markers of identity are often conjoint processes aided by constitutional processes. We frame the discursive construction of property and public space in India through the judicial discourse on the hijab ban in colleges in the state of Karnataka. Courts often look at space as an autonomously existing physical object rather than a socially constructed arena to which access is granted or denied depending on one's socio-cultural location. We suggest that this is a natural consequence of over-emphasizing the 'thingness' of property as opposed to understanding the discursive and historically contingent nature of property rights. This has a direct relation with how certain identities are allowed the freedom to make public spaces their own while others, though occupying these ostensibly neutral spaces, are not allowed to 'perform' their identities
Aesthetics · Epistemology · Identity (music · Political science · Property (philosophy · Sociology · State (computer science · Anthropological Studies and Insights · Mathematics · Philosophy · Urban and Rural Development Challenges · Water Governance and Infrastructure
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The Transformative Constitution
Anxieties of the Dominant
The Supreme Court in Modi’s India
Dissent and Cultural Resistance in Asia's Cities
Spatial Segregation and Muslims in India
Sacred Slaughter
The Indian Supreme Court and the quest for a ‘rational’ Hinduism
What is Indian secularism and what is it for
Courting the People
Muslims in Indian cities, trajectories of marginalisation
Rights to Public Space
Hindu Bias in India's ‘Secular’ Constitution
The Annihilation of Space by Law
Person, Place, or Thing? Property and the Structuring of Social Relations
Property and Personhood
Marriage, family, and property in India
South Asian Histories of Citizenship, 1946–1970
Property-Rights Regimes and Natural Resources
Sound Biting Conspiracy
Coping with Asymmetries in the Commons
Stakes and States
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The Securitization of Love Jihad
Rethinking the Public Sphere
| Citation velocity | historical |
|---|---|
| Highly cited | No |