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Abrogation and assertion: the fault-lines of the Indian constitution with regards to Kashmir
In this article I look at the responses of Indians to political events in 2019 regarding the abrogation of Article 370 concerning Kashmir in the Constitution of India and the Citizenship Amendment Act (CAA). The critiques of abrogation as well as of the CAA as put forth by the people of India were based on constitutional grounds, decrying them as inconsistent and in conflict with the basic principles and ambit of the Constitution. I juxtapose these responses with a critique of the Constitution and the sovereignty it offers to India through an engagement with Kashmiri Muslims in Delhi. The anti-CAA protests offered Kashmiris an opportunity to extend their solidarity with Indian Muslims as well as comment on the ambivalent nature of Indian secularism as it is pitched against minorities. However, Kashmiris also offered a structural critique and a rejection of the sovereignty of the Indian Constitution: for while it sanctioned equality and freedom for Indian citizens, it is the basis of oppression and occupation of their homeland.
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Publication status
- Published
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- Published version
Journal
HAU: Journal of Ethnographic TheoryISSN
2049-1115Publisher
HAU Society for Ethnographic TheoryExternal DOI
Issue
3Volume
10Page range
758-766Department affiliated with
- Anthropology Publications
Full text available
- Yes
Peer reviewed?
- Yes
Legacy Posted Date
2021-07-26First Open Access (FOA) Date
2021-12-21First Compliant Deposit (FCD) Date
2021-07-26Usage metrics
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