Vol.:(0123456789)
Jindal Global Law Review
https://doi.org/10.1007/s41020-018-0080-4
1 3
ARTICLE
Another story of the Open Letter: an inheritance
of relationship‑making
Debolina Dutta
1
© O.P. Jindal Global University (JGU) 2018
Abstract
In 1979, four law professors wrote the “Open Letter” to the Chief Justice of India
(OL). It was written as a way of registering public protest against a decision of the
Supreme Court pertaining to the rape of a young tribal girl, Mathura, in police cus-
tody. Within contemporary Indian feminist jurisprudential accounts, this text has
attained iconic status. The OL has been hailed for mobilising a nationwide women’s
movement around the issue of rape and also for initiating rape law reform. In this
paper, I move away from the iconicity attached to the OL in the annals of feminist
jurisprudence, without disavowing its importance. By locating my reading in a back-
drop of our current climate that is saturated with animosities, I attempt to tell a dif-
ferent story about it. I look at how Baxi’s scholarly practice of co-authoring the OL
inhabited a conduct of relations with his co-authors, a judge, the tribal girl, Mathura,
and his academic discipline of law in a post-Emergency India. In doing so, I weave
a story about the OL as an everyday practice of reciprocal relationship-making, in
its own time and place. My account of the OL attends to how, by creating recipro-
cal relations, we might be able to re-organise our worlds into a place that we desire
to inhabit.
Keywords Open Letter · Upendra Baxi · Feminism · Jurisprudence · India · Conduct
of Relations
Most letters are meant to go no further; indeed had they all circulated, the
world would have perished under the weight of stupendous boredom. How-
Debolina Dutta—PhD Researcher.
* Debolina Dutta
debolina26@gmail.com
1
Institute for International Law and the Humanities, Melbourne Law School, The University
of Melbourne, Parkville, VIC, Australia