Back to the Rough Ground of Rights: Pathways for a Historicisation of ‘Civil Liberties’ in India

Abstract

This article is directed at historicising the language and practice of ‘civil liberties’ in India, and it does so by addressing the specific contingencies that have marked its early twentieth-century trajectory that continue to resonate in our historical present. Of course, the immediate point of departure for the article is a methodological fixation with what has been termed as a ‘political approach’ to rights, whose limits set the terms for a more historically resonant and contextually determined approach to an appraisal of normative languages like rights and civil liberties in highly charged political contexts. In thus illustrating the argument that the political approach to rights has translated into a constriction of the space of our normative languages, the effort here is also to set in perspective the pathways for a historicisation of ‘civil liberties’ in India—one sensitive to its subterranean regulatory folds that served to constitute the inner and outer limits of protest across socio-political collectivities active in the historical fields of action germane to the twentieth century India. These regulatory folds have persisted and sustain themselves well beyond the contours of the Constituent Assembly (CA) that went on to make for a republican India (although this latter point is only being hinted at within the broad ground traversed by this article).