This Article examines how the legal subjectivity of the migrant subject is intimately connected to the construction of the citizenship subject and how both have been products of the colonial encounter. Deploying the lens of postcolonialism, I argue that the migrant is addressed through a spectrum of legal rules based on normative criteria reminiscent of the colonial encounter. These criteria reinscribe citizenship within dominant racial, sexual, and cultural norms as well as claims of civilizational superiority. That which does not fall (...) within the boundaries of citizenship is regarded as outcast, an "Other," and subject to restraint, persecution, censorship, social stigma, incarceration, and even annihilation. The discussion draws examples from recent judicial decisions in the context of postcolonial India, dealing with migrant bar dancers and migrant Muslims, highlighting the deep and lasting impact of the colonial encounter and the imperial imagination on understandings and constructions of citizenship in the contemporary period. The cases further illustrate how notions of "global" or "world" citizen, unbound by territory or the nation-state, are unable to account for the complex and contradictory understandings of citizenship that have emerged from within a postcolonial context. The arguments force us to inquire into the role of citizenship, its relevance or meaninglessness in the lives of the migrant once its exclusionary potential has been exposed. (shrink)

This essay explores the ways in which the definition of Indian culture has become a site of contest, and how this contest played out in the controversy that erupted over the release and screening of Deepa Mehta's diasporic film, Fire, in India. I locate this controversy within the broader controversies that are taking place over culture, particularly when issues of sex and sexuality are involved. The continuous targeting of representations of sex and sexuality, betrays an underlying fear that sex is (...) something that is threatening to Indian cultural values, to the Indian way of life, to the very existence of the Indian nation. I discuss the responses to the release of the film by the forces of the Hindu Right as well as feminist and lesbian groups and critique the uncomplicated understandings of culture that informed these positions. Contingent upon these responses rests the story in Fire and the way in which the lesbian subject, a sexual subaltern, is constructed in the cultural space represented in the film. I challenge the positions that suggest that the women are represented as victims in the film, and draw attention to the cultural, sexual and familial ruptures brought about by the main protagonists through their desire for one another. I explore the complicated understandings of agency and desire that are represented through the assertion of this relationship. (shrink)

The SlutWalk campaigns around the world have triggered a furious debate on whether they advance or limit feminist legal politics. This article examines the location of campaigns such as the SlutWalk marches in the context of feminist legal advocacy in postcolonial India, and discusses whether their emergence signifies the demise of feminism or its incarnation in a different guise. The author argues that the SlutWalks, much like the Pink Chaddi (panty) campaign in India, provide an important normative and discursive challenge (...) to a specific strand of feminism based on male domination and female subordination in the area of sexuality and also speaks to the emergence of consumer agency in the very heart of pleasure in the neo-liberal moment. It serves as a space clearing gesture, a form of feminism ‘lite’, rather than offering a transformative or revolutionary politics, and thus enables the possibility of feminist theoretical positions in a postcolonial context that have hitherto been marginalised or ignored in feminist legal advocacy in India to emerge. (shrink)