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17 Nw. J. Int'l L. & Bus. 320 (1996-1997)
Judicial Complicity with Communal Violence in India

handle is hein.journals/nwjilb17 and id is 326 raw text is: Judicial Complicity with Communal
Violence in India
Sara Ahmad
INTRODUCTION
Communal violence - or violence between groups which define
themselves by their differences from each other' - is one of the fore-
most human rights problems today.2 But the violence of the past 20
years differs from that of previous decades. Responsibility for current
sectarian violence lies not with specific extremist groups but with gov-
ernments which leverage inter-group hatred to gain power.3 Such sys-
temic sources of communal violence threaten basic principles of
democratic government and non-discrimination.4
Present-day communal violence originates in identity politics.5
Identity politics stress the group nature of rights, experience and iden-
tity, whether based on race, sex, caste, class, language, religion or na-
tional or regional origin.6 In many cases, the political-cultural
I HUMAN RIGHTS WATCH, PLAYING THE COMMUNAL CARD: COMMUNAL VIOLENCE AND
HUMAN RIGHTS vii (1995).
2 i.
3 Id. at vii-viii.
4 See id.
5 Id. at x.
6 See Valentine M. Moghadam, Preface to IDErrY PoLmcs & WOMEN: CULTURAL REAS-
SERTIONS AND FEMINISMS IN INTERNATIONAL PERSPECrrVE ix, ix (Valentine M. Moghadam ed.,
1994) (identity politics refers to discourses and movements organized around questions of
religious, ethnic, and national identity); see also Vincent Cable, The Diminished Nation-State: A
Study in the Loss of Economic Power. What Future for the State?, DAEDALUS, Spring, 1995, at 23,
44-45; Leonard Stem, Cultural Collision: Why the Jewish-Black Alliance Has Come Apart at the
Seams, THE OTTAWA CrrIzEN, Jan. 22, 1995, at B1. Stem characterizes the operative assumption
of identity politics as the assumption that a specific trait has some essentialist value. Id.

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