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The Dichotomies of State Laws explored through Lived Experiences of Partition-affected Families

Critical Criminology

Published online on

Abstract

{"p"=>"The partition of the Indian subcontinent was the final blow of the British colonizers, whose legacy continues to shape contemporary politics, society, and culture. Viewed through a decolonized lens, partition reveals entrenched dichotomies in the post-colonial legal frame. In the name of restoring ‘law and order,’ the state normalized actions that breach the law of the land using “territorial cohesion and safety of people” as a justification. While the partition was seen as a just exit based on the colonial construct of nation-states, it was grossly unjust, eliding the tradition of community syncretism. This paper foregrounds the lived experiences of partition-affected families, elucidating how post-colonial legal and administrative mechanisms fail to adequately address the identity struggles of the affected families, giving rise to everyday resistance and struggles for identity. The paper further presents how these experiences are entangled in colonial legacies of exploitation, ultimately alienating the ‘democratic state’ from its obligation to foster inclusion and devolve power. We contend that the enduring logic of the state of exception, as conceptualized by Agamben, continues to exist. In the end, the paper discusses a decolonized epistemological framework that highlights the experiential heterogeneity of partition, and highlights the historical and political complexities that were hidden in a homogenous narrative of the partition. "}