NAVEIÑ REET: Nordic Journal of Law and Social Research

Foreword

Rubya Mehdi — Fri, 23 Dec 2022 00:00:00 +0100

Introduction to the Issue

Peter B. Andersen, Amit Prakash, Meghna Guhathakurta — Fri, 23 Dec 2022 00:00:00 +0100

Covid–19 and the Civil Societies of South Asia

Peter B. Andersen, Amit Prakash, Meghna Guhathakurta, Siri Hettige — Fri, 23 Dec 2022 00:00:00 +0100

This article presents the liberalisation of the economies of Pakistan, India, Bangladesh and Sri Lanka as having downscaled the degree of support for public health care and systems for the needy in the countries of South Asia. Civil society organisations (CSOs) stepped in. Still, they often could not establish sufficient funds to fill the gap and, in many cases, the governments suppressed CSOs and the media due to their critical voice. In many cases, CSOs have toned down such critical voices and limited themselves to improving specific social situations as such activities have been allowed and in some cases supported by the governments. The outbreak of Covid–19 led to ad hoc mobilisation of the civil society and temporary changes in the working situation. Despite this, most governments have limited ability of CSOs to work during the pandemic. In a larger perspective, Covid–19 has not created anything approaching the kind of neoliberal crises predicted by Slovaj Žižek, but the new level of restrictions introduced leads one to consider if they will be turned back after the pandemic, or if the restrictions will be retained, as predicted by Giorgio Agamben.

From ‘Folk’ to Digital

Sanjukta Das Gupta — Fri, 23 Dec 2022 00:00:00 +0100

This article looks at the fortunes of traditional craftsmen, the scroll painters – citrakars or paṭuỵās – of Bengal during the novel coronavirus pandemic. It first examines how ideas regarding coronavirus were propagated and represented through paṭacitra folk art. Secondly, through an analysis of the paṭacitras of Medinipur and Kālighāt, it seeks to trace the ways paṭacitra art has been adapted and reinvented in the digital space, arguing that the pandemic is a milestone in the long history of the transformation of Bengal paṭacitras. Since the last decade of the 20th century, the market for paṭacitras has become increasingly urban and even global, and partly dependent on governmental and NGO support, art fairs and cultural centres. The pandemic opened up paṭuỵā art to cyberspace: direct contact was established between the village-based scroll painter and a worldwide virtual audience. NGOs with dedicated Facebook pages on popular art and the possibility of live performances effectively transformed a ‘rurban’ cultural practice into a ‘glocal’ phenomenon. Finally, the article explores whether this new performance-cum-marketing space will lead to any change in the income-earning capacity of traditional artists.

Consequences of Covid–19 and Role of Gram Panchayats in Tackling the Pandemic Situation

Sujit Kumar Paul — Fri, 23 Dec 2022 00:00:00 +0100

After the outbreak of Covid–19 in India, the government of India at the central level promoted several measures to tackle the pandemic situation in the country. While implementing broad socio-economic development programmes and promoting awareness and other support, Delhi also realised the importance of local governance at the grassroots level and suggested that state governments take measures as required at the state and local levels. Considering the specific issues raised at the local level, the state governments appointed their local governance institutions, gram panchayats and municipalities to lead implementation and sensitisation processes. The result was excellent. This article attempts to discuss the consequences of the Covid–19 pandemic and the role of gram panchayats in tackling the pandemic situation, especially in West Bengal.

Responses to Covid–19

Marianne Qvortrup Fibiger — Fri, 23 Dec 2022 00:00:00 +0100

This article will give a few examples of how the Covid–19 pandemic in India has sharpened pre-existing patterns. Religion was used for the purpose of a political argument during the course of the pandemic, and the resultant creation of ‘us’ and ‘them’ leaves a definite mark. The focus will be twofold: Firstly, I show how the government and the BJP are promoting themselves as the protectors of Hindu India against ‘intruders’ who are identified as the Muslims who live in the country. The popular viewpoint of Muslims being anti-national very quickly fed into the national narrative of Muslims being responsible for India’s first super-spreader events in early 2020. Secondly, I show how this point of view had repercussions on other aspects of social life and the very fabric of India. An interesting consequence of the religious angle is the creation of a new goddess or Shakti representation named Corona Devi (corona goddess), who some Hindus believe will be appeased by their worship. Thus, the article will highlight how, in the light of Covid–19, social, religious and political divides gain centre-stage.

Surviving and Coping with the Pandemic

Matiur Rahman — Fri, 23 Dec 2022 00:00:00 +0100

Background: The pandemic has aggravated inherent inequalities within the structures of society, whatever their location. Among such socio-economic inequalities, those based on caste – social groupings based on descent and associated with occupation – are the worst. In a world where humanity in general is threatened, the misery and sufferings of those whose humanity is questioned as a part of the customary practice of ‘untouchability’ know no bounds. This article focuses on the impact and survival strategies adopted by the Dalit groups in the northern part of Bangladesh.

Objective: The article aims to reveal the experience of Dalit groups in Bangladesh, whose stories of both suffering and resilience while restricted by social isolation and lockdown during the Covid–19 pandemic remain largely untold.
Methods: The study used a mixed-method approach. Quantitative analysis is based on 80 respondents to a semi-structured questionnaire distributed equally between Rabidas and Patni Dalit groups in northern Bangladesh. Qualitative analysis is based on data collected from 8 focus groups, 4 key informant interviews, 10 life experience case studies, and 2 in-depth interviews. Survey responses were analysed using SPSS software and a content analysis framework was used for qualitative data.

Results: Half of Rabidas community members in Saidpur continue to ply their traditional trade of repairing shoes and are locally known as muchis or cobblers; the vast majority of Patni respondents continue to make a living out of crafting traditional bamboo products. Both communities live hand-to-mouth and earn 100–500 BDT (1–5 euros) per day. During the lockdown period, no one was allowed to go outside and the earnings of many decreased to less than 50 BDT. Specifically, during the first lockdown, the income of 47.5 per cent of Rabidas respondents decreased from at least 100 BDT per day to less than 50 BDT per day, and 75 per cent of Patni respondents, all of whom had earned at least 150 before the lockdown, reported an income of 101–150 BDT per day. 62.5 per cent of Rabidas and 60 per cent of Patni respondents were limited to a weekly expenditure of 151–200 BDT, which is insufficient to fulfil a family’s minimum requirements. Government funds and relief packages did not come their way. 75 per cent of Rabidas and 100 per cent of Patnis were unable to access humanitarian relief during the pandemic. Even though civil society members and some volunteer organisations helped them during the first lockdown, they were mostly absent during the second. After the first lockdown was relaxed, their earnings suffered because few people came to the market; all Bangladeshis were trying to save money. Consequently, Rabidas and Patni incomes decreased drastically even as the prices of all necessities hiked up. 72.5 per cent of families had shortages and 51.5 per cent faced difficulties in bearing the cost of treating other diseases. 66.2 per cent of families could not afford to put meat and fish on their plates, 57.5 per cent eliminated extra family expenditures, and 25 per cent bought less food, even after borrowing from relatives, accepting NGO loans and buying through credit at shops. Borrowing money from family and friends was not always an option, as nobody had a surplus. Lack of lobbying (97 %) was stated as the main cause of not getting the allocated amount of government support during this humanitarian crisis. They did, however, develop some coping mechanisms to survive.

Conclusion: An equitable and inclusive distribution system and a special corona package for the marginal Dalit groups can help Rabidas and Patnis recover from their damaged livelihood.

State, Market, and Prospects for the Public Sphere

Pradeep Peiris, Hasini Lecamwasam — Fri, 23 Dec 2022 00:00:00 +0100

In this article, we examine the discourse that has come to the fore on the challenges faced by Sri Lanka’s state education sector – better known as ‘free education’ – in the backdrop of Covid–19. Sri Lankan free education constitutes an ideological project that ventures beyond pedagogy and into the terrain of egalitarian social transformation. However, much of this ethico-ideological commitment has been abandoned in the interest of ‘getting things done’ in the context of the pandemic and the consequent shift to online delivery of education. Critically interrogating the debate around this issue, we submit that the seeping of market rationality into the university space erodes into the inclusivity, commonality, autonomy, and criticality that define the public sphere that the university is assumed to constitute.

Civil Society’s Response to Covid–19-Affected Migrants

Syeda Rozana Rashid — Fri, 23 Dec 2022 00:00:00 +0100

This article explores civil society’s response to the plight of international migrant workers during the pandemic. Taking Bangladesh as a case, it depicts civil society’s engagement with migrants’ issues and analyses factors that shaped their relations with the state and other actors. As demonstrated in the article, despite their fast and first response through service delivery and awareness campaigns, civil society’s role was greatly affected by resource constraints and the state’s dominance. The civil society, however, found its success in influencing the state to mobilise its resources for Covid-impacted migrants. Governed by values such as autonomy, solidarity and partnership, civil society activities in this case resemble supplementary and adversarial models of state–civil society relations. The findings offer useful insights into the construction of ‘civil society’ in a South Asian setting, and its ability to support vulnerable communities during a crisis.

Examining the Response of Resident Welfare Associations During the Covid–19 Pandemic and its Ramifications for Urban Governance in India

Chitrakshi Jain — Fri, 23 Dec 2022 00:00:00 +0100

Urban decentralisation in India’s major metropolitan cities has seen a proliferation of Resident Welfare Associations (RWAs), which are representative organisations of and for residents of planned neighbourhoods. Middle-class residents participate in the city’s affairs and their own neighbourhood through this form of organisation. This article attempts to critically examine RWA responses to lockdowns and other measures introduced by central and state governments in India to check the spread of the Covid–19 pandemic.
The article builds upon existing scholarship that is critical of the government’s delegation of city management to entrepreneurial governance in the form of RWAs. RWAs often exhibit exclusionary politics, and the expansion of their roles in the social sphere has serious ramifications for city governance. These ramifications stood severely exposed during the lockdown period. While there were instances of state officials working productively in collaboration with RWA functionaries regarding contact-tracing and dissemination of practical information, there were also reports of discrimination, with the RWAs denying entry to health workers and other service professionals. Existing class and caste biases were also exacerbated by RWA rules that prohibited the entry of domestic workers and self-employed professionals.
While the central, state and city-level officials had their zones of influence, RWAs too emerged as very important actors. Government authorities worked in tandem with the RWAs to enforce and observe pandemic-related restrictions. While this collaboration is useful in extraordinary periods, it compromises the relationship between RWAs and individual citizens as it tilts the long-run balance of power in favour of RWAs. The article attempts to put this behaviour in perspective by contextualising it with literature on RWAs, arguing that the state co-opts RWAs for administrative and political ends and, as a consequence, RWAs emerge more powerful and with expanded scopes of influence. Developments that lead to the amplification of RWA power need to be critically examined, for they reveal the paradoxes inherent in the idea of civil society.

Neoliberalism and the Challenges of Social Justice

Zeba — Fri, 23 Dec 2022 00:00:00 +0100

Neoliberalism, governed by the organising principle of the market and its role in influencing society’s socio-economic and political spheres, has raised contradictions in the state’s capacity to ensure social justice for the vulnerable sections of the political society. This article seeks to analyse the role of the state, as envisaged in the neoliberal framework, in delivering on promises of welfare and social security for marginalised people and, specifically, for informal migrant labourers in India. It documents a strong nexus of neoliberalism and state institutions that undermines the state’s willingness to take the kinds of policy interventions that could mitigate many socio-economic elements of the informal labour market as manifested in the informalisation of labour, privatisation, precarious work conditions, and inadequate social security. The Covid–19 crisis in India exposed the sharp inequalities in India’s democracy. The article assesses the Indian state’s attempts to address the socio-economic reality of migrant labourers. Through this theoretical and empirical exploration, the article delves into questions of how the idea of ‘social justice’ and the role of the state have been reconceptualised and reframed in the neoliberal world order. Finally, the article argues that it might be impossible to reclaim social justice for the vulnerable within a neoliberal framework: we might require a paradigm shift in terms of constituting and re-imagining new political rationalities, embodied in a political discourse of rights and dignity of labour, as a prelude to redefining the principles of social justice from the vantage point of the vulnerable groups.

Citizen–State Relations and State Impunity in a Pandemic

Sukanya Bhardwaj — Fri, 23 Dec 2022 00:00:00 +0100

Who constitutes the ‘demos’ in a democracy? That is, who makes the decisions and whom do those decisions affect? Answers to these questions point the way toward understanding which interests are represented in the polity. In the last three years, the definition of citizenship in India has changed dramatically, and these changes are making citizenship in India both restrictive and religion-centric. With the enactment of the Citizenship Amendment Act (CAA) and the introduction of the National Register of Citizens (NRC) in Assam, religion became a formal determinant of citizenship. This article discusses the implications of CAA and the proposal for implementing NRC nationally, including how these legal changes may in the view of many observers deprive many people of their citizenship status and rights. It thus seeks to explain how revisions to citizenship laws change citizen–state relations in India. The article also explores how the context of the pandemic has prevented civil society from engaging with the State, while the State continues to reduce citizenship to merely a legal status rather than an active assertion of rights and participation in the life of the state. In light of these developments, whether India’s growing majoritarianism can be opposed, and its constitutional values preserved, remains to be seen.

The Impact of Covid–19 on Ethnic Minorities in Sri Lanka

Malini Balamayuran — Fri, 23 Dec 2022 00:00:00 +0100

The unforeseen impact of Covid–19 and its outcomes, including a variety of state responses, have directly or indirectly affected all segments of human society in multiple ways. Most importantly, certain communities have been more distressed than others. In this global context, Sri Lanka seems to be among the countries where the negative impacts of Covid–19 on ethnic minorities have been more severe and intemperate. The article’s overarching research question concentrates on the Sri Lankan government’s responses to the pandemic and their unequal impact on some ethnic groups since the first quarter of 2020 through 2021. This qualitative study finds that the spread of the virus extended and intensified the inequalities, frustration and discontent among ethnic minorities, as the experience of uneven impacts is clearly and directly associated with already-entrenched injustices that prevent the benefits of mainstream socio-economic processes from reaching certain Sri Lankan ethnic minorities. It is likely that this situation will continue well into the post-pandemic recovery stages. The article therefore concludes that Sri Lanka needs to undertake a coordinated, consultative process founded on the principles of equality, equity, social justice and human rights, to develop policies and strategies to address issues that rendered the sufferings of ethnic minorities severe during both the pandemic and the post-pandemic recovery stage.