Official discretion, errors, and oversights: legal bureaucracy and the question of justice in twentieth-century India

Abstract

AbstractLate colonial juridical practice in India was prone to bureaucratic errors and shared with the police a fundamental disinterest in the liberty of ordinary people. This article tells the politically marginal but highly revealing story of how a series of errors during the arrest and subsequent detention of an elderly man called Peter Budge—an innocent bystander in a situation of heightened communal tensions—led to a momentary scandal in the United Provinces administration in the year 1947–48. Peter's case disappeared between the cracks of bad record-keeping, leading to his lengthy and unlawful detention. It raises important questions about the complementary relation between law and violence, and the fictitious nature of public-order laws. In contrast to the scholarship that has discussed the spectacular violence of the state, this article looks at the ‘other’ acts of violence of the state and argues that the everyday reality of public-order enforcement is key to understanding the nature and operations of the late colonial and post-colonial state.