书评:MEENA RADHAKRISHNA,被历史羞辱?犯罪部落与英国殖民政策,新德里,东方朗曼出版社,2001年,第192页

Pub Date : 2003-01-01 DOI:10.1177/001946460304000111
R. Ahuja
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引用次数: 0

摘要

1911年的《犯罪部落法》(CTA),这是一项特别压迫性的殖民立法。虽然第一部此类法律早在40年前就颁布了,但1911年的法案意义重大,因为它进一步促进了“犯罪部落”的通报,授权地方官员在没有任何法律程序的情况下,将流动社区的成员及其亲属迅速登记为“世袭罪犯”。此外,该法案首次将“犯罪部落”立法扩展到马德拉斯总统。Radhakrishna的研究特别关注CTA对南印度Koravar、Yerukula和Koracha社区的影响,这些社区的传统生存策略(即流动的盐和谷物贸易)在19世纪中期之后逐渐失败,原因是铁路的引入、公路投资和殖民税收政策。作者将关于“犯罪部落”的争论置于维多利亚时代关于“犯罪”的更广泛论述的背景下,指出在印度的英国管理者对优生学的重视远远少于对犯罪的社会学“解释”。因此,游牧社区被认为是犯罪,不是因为他们的基因倾向,而是因为“非理性”的习惯(例如,据称“漫无目的的流浪”),“不道德”的习俗(例如,容易离婚)和传统生存手段的丧失。因此,“犯罪部落”需要文明的努力,即以强制为后盾的教育,而这正是cta旨在提供法律框架的原因。Koravars, Yerukulas和Korachas,像其他游牧社区一样,将流动贸易与其他经济活动(如养牛和竹制品生产)结合起来。然而,当成群的牛越来越多地被马车和铁路所取代,当流动的商人被商业公司边缘化时,殖民政府得出结论,这些社区已经失去了所有“可见的收入来源”,因此,必然会走上犯罪道路。这是
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Book Reviews : MEENA RADHAKRISHNA, Dishonoured by History? Criminal Tribes and British Colonial Policy, New Delhi, Orient Longman, 2001, pp. 192
particularly oppressive piece of colonial legislation, the ’Criminal Tribes Act’ (CTA) of 1911. While the first law of this kind had been enacted four decades earlier, the 1911 Act was significant in that it further facilitated the notification of ’criminal tribes’ by authorising local officials to register members of itinerant communities and their relatives summarily, without any legal procedure, as ’hereditary criminals’ . Moreover, the act extended ’criminal tribes’ legislation for the first time to the Madras Presidency. Radhakrishna’s study focuses specifically on implications of the CTA for the South Indian Koravar, Yerukula and Koracha communities whose traditional subsistence strategies (namely itinerant salt and grain trade) had progressively failed them after the mid-nineteenth century due to the introduction of railways, investment in roads and colonial revenue policies. Contextualising the debate on ’criminal tribes’ in the wider Victorian discourse on ’crime’, the author points out that British administrators in India laid far less emphasis on eugenic than on sociological ’explanations’ of crime. Hence nomadic communities were deemed to be criminal not because of their genetic disposition, but rather due to ’irrational’ habits (e.g., allegedly ’aimless wandering’), ‘immoral’ customs (e.g., easy divorce) and to a loss of traditional means of subsistence. ’Criminal tribes’, therefore, required civilisational effort, i.e., education backed up by coercion, and this was what the CTAs were intended to provide a legal framework for. Koravars, Yerukulas and Korachas, like other nomadic communities, had combined itinerant trade with other economic activities such as cattle breeding and the production of bamboo items. Yet when pack bullocks were increasingly replaced by carts and railways, when itinerant traders were sidelined by merchant firms, the colonial administration concluded that these communities had lost all ’visible sources of income’ and were, therefore, bound to take to crime. This was
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