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Customary Laws

The Self-enclosed Worlds of Village India
AUNINDYO CHAKRAVARTY
[ Tuesday, April 18, 2000 12:07:08 pmTIMES NEWS NETWORK ]

last year, just before the general elections, a television correspondent went to a little village in the jhabua district of madhya pradesh. she asked the local people, who the prime minister of india was. the answers she got ranged from kantilal bhuriya to magan singh, via, the rather interesting, veshto patel. when asked who they'd vote for, pat came the reply -- sanjay gandhi. for this correspondent, born into an army family, this was a new lesson in nationalism. in this village, literally in the heart of india, the nation-state operates in absent-minded slow motion --if it does at all and this is not an isolated case, nor is it an exotic example of backwardness. in fact, for millions in our country, the term desh means the village, and not the nation. for them, local identities matter much more than the larger identity of the nation. yet, for most of us, living in cities and towns, the nation is our primary identity, and it is through the ideology of nationalism that we `live' our relationships with other people. that is the peculiar paradox of our state-system -- it has a self-image of being a nation-state, in a country where the writ of nationalism is restricted to certain, largely urban, domains. what is this nation-state? historically, it has emerged in modern societies along with the market-system. at the level of the market, everyone is an equal, where people are tied to each other through the mechanism of exchange. the law, therefore, recognises each individual as a citizen -- with individual rights and individual interests. and the state protects those rights and interests.

Social contract in the fable of the `social contract' that forms the basis of the state, individual interests are represented in the state, and the state functions in conformity with the way in which the majority of individual interests coalesce. the key word then is, precisely, the `individual citizen', and the collective within which these citizens live, appears as one based on an external connection between individuals. as it is an external connection between individuals this collective derives its identity from the territory that the boundaries of the nation-state defines. this identity acquires a genealogy, an imagined past for this territorial unity. for those of us who live as citizens, nationalism exists as our primary bond. we believe that the nation is the original collective, existing from the very beginning of history but the man in the village is still not ruled by the market, although in all appearances, he is part of a money economy. the wages he pays or gets, the prices of goods he buys in the local haat, are still governed by old rules of custom, where hierarchies reign. here, the moneylender's rate of interest is undisturbed by the rbi's bank rate. older bonds of community continue and they shape the very identities of individuals in the countryside. these are the identities of caste, jati, of kinship and the village.

People do not relate to each other as citizens and the `state of the citizens' --the nation-state --has little meaning in their lives. no wonder then, veshto patel is their prime minister, for they cannot distinguish between the terms pradhan mantri and pradhan, or the headman. umbrella coalition the structure of power-relations here is entirely different. indeed, it works as a parallel state-form. lateral and vertical ties between caste and kinship groups form a loosely articulated configuration. it has its own dynamics and a relative autonomy from the machinery of the modern nation-state. people organise along lines provided for, within this semi-autonomous power structure. their very lives are lived within this structure, which has its own customary laws and hierarchies, not recognised by the nation-state and its legal system. in other words, these are two different domains of power. our system of representative government, however, does not take these local identities and their inter-relationship, into account. the electoral system, deriving from the westminster model, sees everyone as a citizen -- an independent voter, with an independent interest. what determines voter behaviour in an urban constituency is entirely different from that in a village. in the village, the voter votes for his local leader, often based on jati and kinship ties. which political party manages to get those votes, depends on how well it has been able to organise local power-lords and tap into already existing links between them --links that obtain within the parallel `state'.

Political behaviour, then, is determined by a complex interaction between the artifices of the nation-state and the power structure outside it. the state had been trying to solve this problem, by extending its reach, its authority. for the first four decades after independence, a strong centralised state had managed to preside over an umbrella coalition of all these power structures. that was the real basis for the congress party's unchallenged rule. paradoxically, it is the withdrawal of the state since the mid-eighties, that has unleashed a lop-sided expansion of the market and further exacerbated the uneven development of regions. in the south, where the market has had significant success, this has created conditions for a larger supra-local unity, which is dismantling traditional systems of power. rethink on system but in the north, it has created pockets of increased backwardness, where older identities are resurfacing with a vengeance and acquiring new institutional forms. here, the fragile alliance between the two domains of power, has broken down. that is why electoral fortunes change every year and so do the vote-bases of different political parties.

Uneven development has also resulted in the domination by regional parties in the south and caste-based parties in the north. no single party is able to get a majority, and government formation has become contingent on unhappy marriages between disparate partners is there any solution to this paradox, this contradiction inherent in the very nature of our pluralist society? the nation-state had tried to provide a solution, by trying to extend its domain of operation and replacing older power-structures. but that hasn't really worked. instead, other pockets of power, other alliances have emerged in the interstices of the nation-state. perhaps it is time for a serious rethink on the representative system we have received. after all, the only way in which india can progress is to establish real representative democracy, which does not restrict itself exclusively to the idea of the nation.



[Times Of India, Tuesday, April 18, 2000]