Book title

75 Years of the Constitution of India Ambivalences, Agency, Extensions, Reclamations

A Fantasy of Abolition: Imaginations of Criminal Law, State Coercion and Constitutionalism

Abstract

This chapter, 'A Fantasy of Abolition: Imaginations of Criminal Law, State Coercion and Constitutionalism,' reflects on the pedagogy of abolitionist thought and praxis within the context of democratic movements in contemporary India. Published in the edited volume 75 Years of the Constitution of India: Ambivalences, Agency, Extensions, Reclamations, the work utilizes the literary device of 'fantasy' to uncover the resonance and persisting dilemmas of abolition. The author challenges conventional legal frameworks by rendering absurd the presumed relationship between criminal law and harm-redressal, characterizing criminal law instead as a jurisdiction of State coercion that actively generates harm. Through two specific case studies—the movement toward the decarceration of Adivasi undertrial prisoners facing 'extremism' allegations in Jharkhand, and the systemic concerns surrounding sentence remission in contexts of mass violence—the chapter engages in transformative world-building to demonstrate that abolition is not only conceptually possible but is already actively underway.

Publisher

Orient BlackSwan

Year

2026

Link to Full Text

Share

COinS