One of the major challenges for Indian legal historians has been to try and understand the legal systems of pre-colonial India. For a variety of reasons, there are no surviving central court archives or large documentary repositories that scholars of Ottoman Turkey and China have drawn upon. There is some awareness of legal treatises and codes but it remains debatable the extent to which they were actually applied in everyday life or formed a part of legal consciousness. In a recent article, Donald Davis and John Nemec turn to medieval literary texts and story collections to trace the ways “law is experienced and interpreted by specific individuals as they engage, avoid or resist the law”. The texts include Kalhana’s Rajatarangini (The River of Kings) and Somdeva’s Kathasagar (Ocean of Stories). Departing from formal studies of law and literature in medieval India, which have tried to see how far literature departs from the Dharmasastras, this article (and what I hope is a larger project) argues that in the absence of court texts and narrative legal sources, literary narratives become important sites to understand how legal ideas could be deployed and received.
Summary: In this piece, we continue the discussion on Prof. Nivedita Menon’s latest book, Secularism as Misdirection: Critical Thought from the Global South. The summary of the book by Prof...
Blurb: The Bharatiya Nyaya Sanhita’s Section 104 revives the constitutional infirmities of the repealed Section 303 IPC, despite its ostensible reformist intent. By maintaining mandatory sentencing...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: This blog discusses the inadequacy of the current refugee law framework in addressing the pressing issue of climate refugees. It subsequently discusses the imminent need to develop regional...
Blurb: The Essential Religious Practices (ERP) Test is scheduled to be reviewed by the Supreme Court of India. This piece highlights the inadequacies of the ERP Doctrine, and argues for a change...
Blurb: The article advocates extending euthanasia to non-terminally ill patients, emphasizing autonomy and dignity under Article 21. Critiquing current laws, it highlights ethical dilemmas and...