Legal practices and tribal exceptionalism in Western India

Abstract

The Bhil and Girassia tribal regions of Udaipur district in the state of Rajasthan in Western India have been historically associated with ideas of wildness and primitivity that have relegated them to zones of exception. This article examines how everyday legal practices reflect and reproduce tribal exceptionalism. In particular, the article examines cases that are registered under sections 323 and 341 of the Indian Penal Code. The combination of 323 and 341 is locally known as petty violence. The manner in which high caste legal practitioners, including police officers, government doctors, lawyers, magistrates, and court clerks, inscribe documents in a legal file pertaining to crimes of 323 and 341, such as the First Information Report, injury report, map of crime, and list of witnesses, is mediated by a complex infrastructure of caste ideology that assumes that Bhils are wild, lack mental skills, and are only capable of petty violence. Legal practitioners believe that tribal life is incommensurable with the specific forms of selfhood, modes of interaction, and publicity that comprise legal personhood and that tribals are more effectively governed by their own customary laws. The article reveals how through these everyday police and court practices, legal practitioners legitimize and establish the state by creating spheres of tribal exceptionalism.