Law Struggles and Hegemonic Processes in Neoliberal India: Gramscian Reflections on Land Acquisition Legislation

This article explores how, in the context of an unfolding process of neoliberalisation in India, new terrains of resistance are crystallising for subaltern groups seeking to contest the marginalising consequences of this process. We focus particularly on the emergence of India's 'new rights agenda' through a study of the making of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013. Conceiving of the emergence of the 'new rights agenda' as a hegemonic process, we decipher how law-making is a complex and contradictory practice seeking to negotiate a compromise equilibrium between, on the one hand, subaltern groups vulnerable to marginalisation and capable of mobilisation; and, on the other, dominant groups whose economic interests are linked to the exploitation of the spaces of accumulation recently pried open by market-oriented reforms. The negotiation of this equilibrium, we suggest, is ultimately intended to facilitate India's process of neoliberalisation.