On Finding Family

2015 De Santi JessicaBy Jessica De Santi

On my second weekend in Kolkata, I went to a street dance battle.

A few parts of the above sentence require some explanation.

First: as a member of Montreal’s street dance community (though with much less involvement than I would like, such is the life of a student) and a lifelong dancer, I was not looking forward to a summer without dance. So, a few months before leaving for Kolkata, I asked my mentor whether he knew of any lockers in India, especially in Kolkata. He was able to connect me to a couple in Mumbai, who then connected me to some lockers in Kolkata. As it happened, on my second Sunday in Kolkata, there was both a locking class and a battle, so I took the opportunity and went to both.

Locking class with Locking Kira

Locking class with Locking Kira; Author’s photo

Second: dance battles are arguably an integral part of street dance culture, and hip-hop culture more generally. To oversimplify almost unforgivably, hip-hop culture finds its roots in Black and Latin communities, particularly the Bronx, in the United States in the wake of the Civil Rights Movement. While most people nowadays associate hip-hop with rapping (or MCing), there are three other main elements of the culture: graffiti, DJing, and breaking (sometimes known to outsiders as breakdancing). The dance battle comes out of this culture, and provides a space for direct competition between dancers to determine their “ranking” in the community. Nowadays many other street dance styles, such as house, locking, popping, and waacking, also incorporate the dance battle into their respective traditions/styles.

The battle I went to was called Cypherology, a name which itself evokes other aspects of the culture: the cypher, a coming-together of dancers who take turns dancing and exchanging at the centre of a circle; and the suffix “-ology,” literally “study of,” a recurring theme for street dancers: our commitment to studying our style, that we are students of the dance and of the culture and that we should always seek to learn and expand our knowledge.

The organisers of the event were apparently told ahead of time that I, an out-of-towner, would be dropping in to see the battle and to say I was welcomed with open arms would be an understatement. I was given the opportunity to share a bit of my dancing with the other dancers, including a spur-of-the-moment locking showcase battle against 3D_Lock, a Kolkata locker, which is one of my favourite exchanges I have ever had with another dancer. He was one of the dancers I had been connected to through the Mumbai dancers, and had convinced me to come to the battle. Dancing the same dance with someone who learned it on the other side of the world to me represents one of the best aspects of street dance: its ability to bring people together to share in something we love, no matter our background or our training, or even where we are from. Street dance truly does create a global community, and for the first time I truly understood what that meant and felt like.

Building families across oceans: 3D_Lock and Jess. Photo courtesy of 3D_Lock

Building families across oceans: 3D_Lock and Jess. Photo courtesy of 3D_Lock

What was even more inspiring for me was watching the battles.

Montreal has an impressively strong street dance community – the city has earned the nickname Funktreal – and I was incredibly fortunate to be able to enter into the community by learning from some of the best dancers in Canada, and arguably in the world. The scene in Kolkata, being younger in both age of the scene and age of the dancers, is still building that same base. Despite the age and experience difference, the vibe at Cypherology was incredible. It was humbling and inspiring to see so many young dancers demonstrate so much passion and energy for their dance. Being in a room full of dancers, dancing, and great music, for the first time in the two weeks I had been in Kolkata, I felt at home.

In the culture, we often talk about the importance of values such as peace, love, unity, and having fun (see supra, but also here for a live representation). At Cypherology, on the dance floor and in conversation with other dancers, I saw, felt, and breathed those ideas, for which I am truly grateful.

Third: the street dance battle was in Kolkata, a city separated from the country where hip-hop was born by several thousand kilometers of ocean, politics, and culture. Despite the massive separation, an underground culture originating in oppressed communities in the United States has not only made it to India, but it has flourished. Thanks to globalisation and the proliferation of internet availability, dances that were once localised to particular cities in North America have reached decades into the future and across continents. As this global community continues to grow and to connect, the other scenes out there are going to need to watch out. Kolkata’s holding it down, and they’re coming for you.

How Indian Law Produces Statelessness

By Charlotte-Anne Malischewski

While at the Calcutta Research Group, one of my tasks has been to look into the legal aspects of statelessness in India to compliment the extensive archival and field work conducted by the CRG over the last three years in mapping the statelessness situation in India. In my research, I learned that India has numerous legal provisions with actively produce statelessness.

Wait a minute, what’s statelessness again?

Article 1 of the 1954 Statelessness Convention, a stateless person is one “who is not considered a national by any State under the operation of its law.”  Since that definition is now widely understood to be customary international law, meaning it should be applied by all states including those not party to the convention and Article 51(c) of the Indian Constitution provides that India “shall endeavour to foster respect for international law and treaty obligations in the dealings of organized peoples with another,” it follows that, regardless of whether or not the state accedes to either statelessness convention, this definition of statelessness carries the weight of law in India.

So, those who do not have a legal bond with any state are unambiguously de jure stateless. When this narrow definition is applied, however, it usually only covers those who are not automatically granted nationality at birth by the application of state legal instruments, those without nationality who are unable to obtain it through establish legal provision for its acquisition, and those whose nationality is revoked or terminated for any reasons and who do not have a second nationality.  Indeed, the 1954 Statelessness Convention definition precludes those with a legal bond with a state without ensuring that that bond carries with it particular rights, entitlements, or guarantees.  Because there is no universal standard for citizenship or nationality and because discriminatory laws, policies, and practices can mean that citizenship is experienced unequally between those citizens of the same state, it is possible for those with citizenship to experience it in such an ineffective manner that their experience mirror that of those who are de jure stateless.

The term de facto stateless, therefore, exists to describe the position of those who fall within the large range of people whose lived experiences are essentially of statelessness, but who do not form a part of the smaller group of people able to satisfy the de jure  definition.  While the term carries no legal definition and there is no clear consensus about its meaning in the literature, the term is generally used to refer to those who are unable to disprove the assumption that they have a nationality and those whose legal bonds of nationality is ineffective.

Isn’t that a bit restrictive?

Yes, I think so.  This definition rests on an assumed binary opposition of the citizen or national against the stateless person, which fails to account for the complexity of lived realities. In practice, many stateless people are unable to have their status recognized as such and legal bonds of citizenship are not always effective. States generally operate with a presumption of nationality, which makes it impossible for those whose nationality is unknown, but who have not been found to have established that they are without nationality to access protection as stateless people. Additionally, many states have demonstrated reluctance to classify certain people as stateless and others do not recognize the stateless status of those whose citizenship they have denied.  Matters are substantially complicated when the effectiveness of a person’s nationality are considered.

Ok, so how is it that Indian law produces statelessness?

A number of explicit provisions in the Citizenship Act of India, 1955 provide legal means by which a person in possession of Indian citizenship may lose that legal bond. First, renunciation (under section 8) entitles Indian citizens to renounce their citizenship even if by doing so, they would become de jure stateless and can deprive children of their Indian citizenship on the basis of their father’s actions in such a way that may leave them stateless until they reach the mandated age to resume their Indian citizenship by declaration. Second, termination (under section 9) leaves open the possibility that those whose citizenship is terminated end up de facto statelessness, because there is no guarantee that the non-Indian citizenship that has been voluntary acquired is an effective one. Finally, deprivation (under section 10), in no uncertain terms, provides for creates statelessness by prescribing it as punishment for certain action and inaction.

So, what’s to be done?

Simply put, India must stop legally sanctioning the production of statelessness. It should revise its citizenship laws such that citizenship cannot be revoked from those who would be rendered stateless by such an act.  It must, however, be remember that addressing statelessness in India, like elsewhere in the world, is not merely a legal question. The existence of effective rights and entitlements goes much beyond the courtroom to the political arena and socio-cultural milieu.

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