Proto-fascism and State impunity in Majoritarian India: An Interview with Teesta Setalvad

This interview with Teesta Setalvad was conducted in the wake of the February 2020 anti-Muslim violence in North East Delhi. Drawing on her vast experience as a human rights activist, journalist, and peace educator, Setalvad’s responses map the continuum — across years, anti-minority pogroms and ruling parties with divergent ideologies — of the cultures of hate, and the practices of state repression and impunity in a proto-fascist India. Setalvad offers an interrogation of the ideology of the Hindu right, delves into the historical trajectories of the rise of the Rashtriya Swayamsevak Sangh (RSS) and the Bharatiya Janata Party (BJP). She also charts the repeating patterns of police and media complicity in fomenting anti-minority hate and critically analyses the contradictory role of the criminal law and the Constitution of India in both enabling and resisting communal violence. In conclusion, she offers hopeful strategies for keeping alive the promise of secularism.

     

School Leaders’ Experiences on Dealing with Students Exposed to Domestic Violence

School leaders’ experiences and perceptions of students’ domestic violence experiences and trauma-informed school interventions have been overlooked. This semi-structured qualitative study aimed to investigate three areas regarding school leaders’ perceptions regarding domestic violence-exposed students: 1) the experiences of school leaders in dealing with these students; 2) the barriers and strengths associated with managing these students; and 3) school leaders’ recommendations for overcoming any barriers related to this issue in schools. Interviews conducted with 15 school leaders were analysed using thematic analysis. School leaders were found to be instrumental in influencing school culture and support systems surrounding students’ exposure to domestic violence. However, school leaders provided mixed reports regarding the adequacy of resources for domestic violence-exposed students. Recommendations suggested by school leaders included more domestic violence specific training for school staff and training delivery methods that were more sensitive for staff who have personal experiences with domestic violence. School leaders expressed great concerns for teachers, particularly less experienced teachers, regarding their knowledge and skills to assist students who disclose family violence.

     

Law of Denial

Law’s claim of mastery over past political violence is frequently undermined by reversals of that relationship of mastery, so that the violence of the law, and especially its symbolic violence, becomes easily incorporated into longues durées of political violence, rather than mastering them, settling them, or providing closure. Doing justice to the past, therefore, requires a political and theoretical attunement to the ways in which law, in purportedly attempting to address past political violence, inscribes itself into contemporary contexts of violence. While this may be limited to an analysis of how law is an effect of and affects the political, theoretically this attunement can be further refined by means of a critique of dynamics that are internal to law itself and that have to do with how law understands its own historicity, as well as its relationship to history and historiography. This article aims to pursue such a critique, taking as its immediate focus the ECHR case of Perinçek v Switzerland, with occasional forays into debates around the criminalisation of Armenian genocide denialism in France. The Perinçek case concerned Switzerland’s criminalisation of the denial of the Armenian genocide, and concluded in 2015 after producing two judgments, first by the Second Chamber, and then by the Grand Chamber of the ECHR. However, although they both found for the applicant, the two benches had very different lines of reasoning, and notably different conceptions regarding the relationship between law and history. I proceed by tracing the shifting status of ‘history’ and ‘historians’ in these two judgments, and paying attention to the deferrals, disclaimers and ellipses that structure law’s relation to history. This close reading offers the opportunity for a critical reappraisal of the relationship between law, denial and violence: I propose that the symbolic violence of the law operative in memory laws is a product of that which remains unresolved in law’s understanding of historicity (including its own), its self-understanding vis-à-vis the task of historiography, and its inability to respond to historical violence without inscribing itself into a history of violence, a process regarding which it remains in denial.

     

Children Fleeing Domestic Violence to Emergency Accommodations: Education Rights and Experiences

Domestic violence forces many families to flee to emergency accommodations. This article focuses on children’s experiences of schooling and life at confidential addresses, and to what extent their legal right to education in the face of domestic violence is safeguarded in practice. Data were collected from interviews with 20 children aged 6–16 with multiple relocations at Norwegian refuges for abused women. Interviews were coded using the constructive approach to grounded theory. Data were analyzed using Antonovsky's theory and interpreted within the context of Norwegian and international law, examining the rights of children to education versus the legal rights of abusers. The findings indicate that children’s rights to education and a life without violence may be sacrificed in favor of due process for abusers. The article suggests concrete protective measures to help safeguard these rights, and calls on policymakers and support agencies worldwide to rethink their policies and practice.

     

Penalizing women’s fear: intimate partner violence and parental alienation in Canadian child custody cases

ABSTRACT

This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices.     

How the Indashyikirwa Intimate Partner Violence Prevention Programme in Rwanda Influenced Parenting and Violence against Children

There is increasing interest in working at the intersections of intimate partner violence (IPV) and violence against children (VAC), especially in the family, yet few programmatic strategies exist or have been evaluated to assess the combined impact of strategies on both types of violence. This paper addresses this gap by exploring the influence that Indashyikirwa—a programme designed to reduce IPV in Rwanda— had on VAC in the families of couples participating in the programme. Indashyikirwa included a 21-session couples’ curriculum, safe spaces for IPV survivors, and community activism against violence. In addition to reductions in IPV, a randomized control trial found significant reductions in parent’s reports of children witnessing IPV, parents’ attitudes condoning harsh physical punishment of children, and parents’ use of corporal punishment as discipline. This paper uses qualitative data to better understand how and why the couples’ curriculum influenced parenting and VAC. Twenty-eight participants (fourteen male-female couples) were individually interviewed at three time points, once before and twice after the couples’ curriculum implementation. Six men and six women who completed the curriculum and subsequently carried out activism were also interviewed at two time points. The data were analyzed thematically. Pathways motivating couples’ attitude and behavior changes towards children included reflecting on the consequences of IPV for children and appreciating the benefits for children of non-violent, gender equitable households. This analysis suggests that working with co-habiting couples presents a viable strategy for working to prevent IPV, VAC and promote more gender equitable family dynamics.

     

A tale of targeted violence in Hashimpura: the Delhi High Court on recognition,relations and responses

On 31 October 2018, Justice Dr S Muralidhar (then) at the Delhi High Court convicted 16 members of the Provincial Armed Constabulary (PAC) for, inter alia, the murder of 38 Muslim residents of Hashimpura, a neighbourhood in Meerut, Uttar Pradesh in the summer of 1987. In so doing, he described the events that unfolded in Hashimpura as the ‘targeted killing’ of ‘members of a particular minority community.’ The judicial recognition of targeted violence in contemporary Indian society forms the focus of the present article. The article contends that Muralidhar J’s reference to targeted violence paves way for the recognition of an important juridical concept that warrants further academic and legal engagement. By adopting a relational approach, I argue that the conceptual utility of the category of targeted violence lies in its ability to unmask the social relations that it implicates. Targeted violence is not aimed at individual actors, but social relations between perpetrators, individual victims and those who share the victims’ minority identity. Committed to the legal recognition of social experiences, I demonstrate how the category of targeted violence accurately reflects the experiences of and relations between different social actors. I further build a case for why and how legal and judicial responses to targeted violence ought to be informed and shaped by a recognition of its relational harms.

     

Child Adjustment after Parental Separation: Variations by Gender,Age, and Maternal Experiences of Violence during Marriage

This study examined variations in children’s post-separation adjustment based on child characteristics (gender and age) and maternal experiences of intimate partner violence (IPV) during marriage. Mothers (N?=?147) recruited within 12 weeks of a divorce filing took part in two interviews three months apart. They reported on marital IPV at Time 1, and their children’s (47% female; ages 3–17) adjustment 3 months later at Time 2. Four aspects of child adjustment were assessed using a standardized measure (hyperactivity, emotional symptoms, conduct problems, peer problems). Mothers were classified as having experienced coercive controlling violence (CCV; 23.8%), situational couple violence (SCV; 27.9%), or no violence (48.3%) during marriage. Gender differences were found on one of the four child adjustment indicators: boys had higher levels of hyperactivity than girls. Among boys but not girls, hyperactivity scores varied based on age and IPV type. Implications for practitioners and researchers are discussed.

     

Macrostructural Opportunity and Violent Crime: The Impact of Social Structure on Inter- and Intra-Racial Violence

Researchers have examined the correlates of inter-group relationships, relying heavily on Blau’s (The American Journal of Sociology, 83, 26–54, 1977) macrostructural opportunity theory. The results of these studies have given mixed support for the relationship between social structure and inter-racial violence. This study builds on existing research on inter-group violence by examining what social structural correlates may influence intra- and inter-group violence using the macrostructural opportunity theory as a guiding framework. Data from the National Incident-Based Reporting System as well as the American Community Survey are utilized to construct a large sample of counties across the United States. The findings provide mixed support for Blau’s hypotheses, with heterogeneity and segregation showing some effects on inter-group violence, while racial inequality remains largely a non-significant predictor.

     

Violence,bureaucracy and intreccio in Brazil

ABSTRACT

For Brazil’s ‘violence worker’ street-level bureaucrats, violence is woven into everyday practice. But violent influence flows in multiple directions; from the state to society, within the state and its agencies, from violent actors upon state bureaucrats. Real and potential violence defines the bureaucratic regime of truth, alongside the influence of a self-defined organised crime group. Using ethnographic evidence, I show some of the fissures that are wedged open through violence, and demonstrate the ways that violent uncertainty shapes a need for leverage and spheres of trust. This shows the dissonance between bureaucratic form and bureaucratic rationale, where other violence workers – ontological bureaucrats – have become an everyday part of bureaucratic rationale. What matters is not the relationship between the state and bureaucracy, but the relationship between sovereign power and bureaucracy.     

Mass Violence and the Continuum of Destruction: A study of C. P. Taylor’s Good

There are important studies that have directly focused on how, in times of conflict, it is possible for previously law abiding people to commit the most atrocious acts of cruelty and violence. The work of Erich Fromm (Escape from Freedom), Hannah Arendt (Eichmann in Jerusalem), Zygmunt Bauman (Modernity and the Holocaust) and Ernest Becker (Escape from Evil) have all contemplated the driving force of aggression and mass violence to further our understanding of how people are capable of engaging in extreme forms of cruelty and violence. This paper specifically addresses these issues by focusing on C. P. Taylor’s play Good. This provocative play examines how a seemingly ‘good’ and intelligent university professor can gradually become caught up in the workings of the Third Reich. Taylor highlights the importance of appreciating how people can be steadily incorporated into an ideologically destructive system. I argue that the theatre is a powerful medium to explore these complex issues. The audience of Good find themselves confronted with the following question—‘What would you have done?’

     

Burundi’s rebel groups and the stigmatisation of wartime sexual violence

ABSTRACT

Despite assumptions about the ubiquity of wartime sexual violence, some armed actors work hard to generate negative views of rape and other abuses. This article qualitatively explores rebel group stigmatisation (and stigma) of wartime sexual violence and prohibitive normative practices. Regularly discussed with reference to the shaming of victims or survivors, stigmatisation is nonetheless utilised here as a concept for understanding how sexual coercion is “made” deviant and consequential for potential perpetrators. Two rebel groups from Burundi’s civil war (1994–2008), CNDD-FDD (National Council for the Defence of Democracy-Forces for the Defence of Democracy) and FNL (Palipehutu-Forces for National Liberation), are compared. The FNL stigmatised rape and sexual assault, and the nature and quality of its practices shaped negative social norms surrounding rape. The article’s main contribution is to demonstrate the need to deepen and widen the evidence base on the prevention of wartime sexual violence.     

Female street sex workers,sexual violence,and protection strategies

Abstract

This paper reviews empirical findings on physical and sexual violence against female street working sex workers, drawing on the findings from the researcher's own study. Thirty-two female street sex workers were interviewed in a city in the South West of England during 1998. The ethical issues of researching female prostitution are discussed in relation to this specific research project. The main findings from the current literature and this original study highlight the possible connections between childhood sexual abuse, entrance into the sex industry at an early age, and continual experience of violence. This paper explores violence from pimps and clients as well as how the street environment exposes sex workers to risk. Concluding discussion explores the self protection strategies of individual sex workers and the female sex work community as a means of maintaining a survivor identity and not a victim identity.     

Reassessing the alcohol-violence linkage: Results from a multiethnic city

This article examines the relationship between alcohol availability and nonlethal violence at the census-tract level in Miami, a multiethnic city with high levels of disadvantage and immigration. The effects of alcohol (total outlet rate) are considered from the perspectives of social disorganization and routine activities theories. Nonlethal violence is the average annual rates of robbery, aggravated assault, and total violence (combined aggravated assault and robbery). The analyses include corrections for spatial autocorrelation. The results show that alcohol availability has strong positive effects on rates of nonlethal violence and that the percentage of recent immigrants is also a significant positive predictor.     

Differential predictors of intimate partner sexual coercion versus physical assault perpetration

ABSTRACT

The current study attempted to strengthen existing literature regarding predictors of perpetrating intimate partner sexual violence to determine if there are unique predictors of sexual violence that differentiate it from physical abuse. It was hypothesised that men’s controlling, dominant and jealousy behaviours, and verbal aggression would significantly predict increased intimate partner sexual coercion and physical assault perpetration. These predictors were expected to be more predictive of sexual coercion than physical assault perpetration. Couples were recruited from the community (N?=?159) in a cross-sectional study recruiting couples with a violent male partner. Results demonstrated that men’s controlling behaviour was a significant predictor of sexual coercion and physical assault perpetration and behavioural jealousy was a significant predictor of sexual coercion perpetration. No predictors studied better predicted sexual coercion more than physical assault perpetration. These findings suggest that sexual coercion may be another type of physical assault without unique predictors.     

The Concentration and Stability of Gun Violence at Micro Places in Boston, 1980–2008

Boston, like many other major U.S. cities, experienced an epidemic of gun violence during the late 1980s and early 1990s that was followed by a sudden large downturn in gun violence in the mid 1990s. The gun violence drop continued until the early part of the new millennium. Recent advances in criminological research suggest that there is significant clustering of crime in micro places, or “hot spots,” that generate a disproportionate amount of criminal events in a city. In this paper, we use growth curve regression models to uncover distinctive developmental trends in gun assault incidents at street segments and intersections in Boston over a 29-year period. We find that Boston gun violence is intensely concentrated at a small number of street segments and intersections rather than spread evenly across the urban landscape between 1980 and 2008. Gun violence trends at these high-activity micro places follow two general trajectories: stable concentrations of gun assaults incidents over time and volatile concentrations of gun assault incidents over time. Micro places with volatile trajectories represent less than 3% of street segments and intersections, generate more than half of all gun violence incidents, and seem to be the primary drivers of overall gun violence trends in Boston. Our findings suggest that the urban gun violence epidemic, and sudden downturn in urban gun violence in the late 1990s, may be best understood by examining highly volatile micro-level trends at a relatively small number of places in urban environments.     

No longer a civil matter? The design and use of protection orders for domestic violence in England and Wales

ABSTRACT

This paper assesses the design and use of protection orders for domestic violence in England and Wales. It draws on data from 400 police classified domestic violence incidents and 65 interviews with victims/survivors, as well as new analysis of government justice data from England and Wales, to address a gap in literature on protection orders.

The paper identifies an increasing civil-criminal ‘hybridisation’ of protection orders in England and Wales, and argues that a dual regime has developed, with orders issued by police and/or in criminal proceedings increasingly privileged (and enforced) over victim-led civil orders. Whilst protection orders are being used – as intended – flexibly to protect domestic violence victims, the way they are applied in practice risks downgrading domestic violence in criminal justice terms.

The conclusions are especially timely in light of current Government proposals to rationalise protection orders by introducing a single overarching Domestic Abuse Protection Order in England and Wales.     

The International Criminal Court and Africa: Exemplary Justice

This is a theoretical and empirical investigation into the causal link (if any) between international criminal trials and preventing violence through exemplary prosecutions. Specifically how do representative trials of persons accused of having the greatest responsibility for the most serious crimes of concern to the international community as a whole, supposedly bind recurrent violence? The argument pursued is that by using an accused as an example, a court engages in an indirect and uncertain substitution of personal rights for social harmony and order. These prosecutions combine a peculiar rhetoric, logic and aesthetic, all which substitute the responsibilities for a society in general to a particular individual in order to redeem that society by transferring its communal responsibility onto the individual punished as a form of atonement or expiation. International and domestic trials, as well as truth and reconciliation commissions, are part of a suite of options addressing communal mass violence that can work in tandem. However, because those convicted do not have a monopoly on criminality, nor do those merely reconciled have a monopoly on virtue, exemplification through punishment only targets a few on behalf of the many. Indeed such a redemptively sacrificial economy distinguishes legal justice from mere vengeance.     

Violence Against Women in Jordan

This study aimed to describe the social and cultural etiology of violence against women in Jordan. A sample of houses was randomly selected from all 12 Governorates in Jordan, resulting in a final sample of 1,854 randomly selected women. ANOVA analysis showed significant differences in violence against women as a result of women’s education, F?=?4.045, α?=?0.003, women who work, F?=?3.821, α?=?0.001, espouser to violence F?=?17.896, α?=?0.000, experiencing violence during childhood F?=?12.124, α?=?0.000, and wife’s propensity to leave the marital relationship F?=?12.124, α?=?0.000. However, no differences were found in violence against women because of the husband’s education, husband’s work, or having friends who belief in physical punishment of kids. Findings showed women experienced 45?% or witnessed 55?% violence during their childhood. Almost all 98?% of the sample was subjected to at least one type of violence. Twenty-eight percent of the sample believed a husband has the right to control a woman’s behavior and 93?% believed a wife is obliged to obey a husband. After each abusive incidence, women felt insecure, ashamed, frightened, captive and stigmatized.     

Barriers to safety* for victims of domestic homicide

ABSTRACT

Research on domestic homicide has focused on risk factors presented by perpetrators such as prior violence, threats to kill, stalking, access to weapons, mental health concerns, controlling behaviour and separation. However, there has been less focus on the barriers that victims face regarding finding support, increasing personal safety and decreasing violence and risk of homicide. The present study explored 20 potential barriers that female domestic homicide victims faced using 183 cases occurring between 2002 and 2012 from the Ontario (Canada) Domestic Violence Death Review Committee to examine the presence and frequency of these barriers within the sample. Using two-step cluster analysis, different profiles of barriers were identified that centred on victims’ fear, social isolation and mental health. The study is limited in being a post hoc analysis of homicides and no causal links can be made. The implications of this finding are discussed in the context of risk assessment, risk management and safety planning.