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Accepted Paper:

Law reforms, right-wing populism and legal pluralism in Sri Lanka  
Sepalika Welikala (The Open University of Sri Lanka)

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Paper Short Abstract:

Foregrounded on anthropological readings and using an interpretive approach to public debates this paper analyzes how the right-wing agenda uses populist rhetoric in law reforms as a site where articulations of anti-minority ideologies are fostered for political support.

Paper Abstract:

This paper examines the subversion of law reforms by a right-wing agenda to challenge the personal laws of a minority ethic group in a plural legal setting. The rhetoric to mobilize legal reforms is framed within the discourse on rights, yet it can also be seen as populist rhetoric that appeals to the emotions and concerns of Sri Lanka’s fragmented polity. Sri Lanka’s multiple traditions of laws have existed to facilitate the co-existence of pre-colonial customary laws with the modern legal system introduced by the Dutch and British colonial administrations. The parallel systems include personal laws of specific communities alongside general laws that apply to everyone in other instances. This paper discusses the attempts being made to abolish the Muslim personal laws which are being promoted through the parliament to repeal the Muslim Marriage and Divorce Act (MMDA) and also through the “One Country One Law” campaign. Although Muslim women activists have been advocating reforms to the discriminatory MMDA for many years, the indecision within the community has enabled the anti-Muslim politics to invoke reforms rhetoric to overhaul the customary laws that are guaranteed by the Sri Lankan constitution. Conceptually foregrounded on anthropological readings of legal pluralism and right-wing populism and using an interpretive approach to analyze public debates on customary laws, MMDA and “One Country One Law” policy, this paper analyzes how law reforms are being politicized as a site where articulations and dynamics of anti-minority ideologies are fostered to construct a sense of belonging among right-wing political supporters.

Panel OP310
Doing / undoing conflict
  Session 8