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Letters to Kaka: postcard-images of Upendra Baxi

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Abstract

This essay weaves together post-card images of Upendra Baxi’s formative life as a student at Berkeley, California in the 1960s. As a law student in Berkeley from 1964–1966, Upen wrote long letters every other week to his father, Vishnuprasad Venilal Baxi (1905–1990) whom everyone called Kaka. Through these letters we represent fragments of his life as a student, catalogue the courses he read and chronicle his first meeting with the Austrian jurist, Professor Hans Kelsen. The first part of the essay brings together fragments of the letters Upen wrote to his father. The second part of this essay turns to Upen’s use of the form of letters as crafting a specific tactic of speaking against power. We reflect on the link between the biographical and the intellectual. The link between the two parts of this essay—life and law—is liminal. To the many insightful analyses of the Mathura Open Letter and the birth of epistolary jurisdiction, we add a biographical footnote that privileges letter writing as a form of relatedness in critical solidarity. Upen’s literary inheritance, especially of writing letters as a form of forging kinship and relatedness inflects how he writes of law and life.

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Notes

  1. Hans Kelsen was associated with University of California, Berkeley as a Visiting Professor between 1942 and 1943.

  2. Upen tells Gephart that he could not type at the time; and elaborates on Kelsen. See Interview with Werner Gephart, https://www.youtube.com/watch?v=62SK1QHgimg.

  3. Professor S.P. Sathe taught Roman Law during his LLM course in Bombay.

  4. Berkeley Law History, University of California, Berkeley, https://www.law.berkeley.edu/about-us/history/.

  5. Id.

  6. See History of Olivetti Typewriters, Vintage Typewriter Jewellery, http://www.vintagetypewriterjewelry.com/35/history-of-olivetti-typewriters-%7C-vintage-olivetti-typewriter-company.html. For a brief overview of how Camillo Olivetti, an Italian engineer designed and branded Olivetti typewriters that were not a “showpiece for the salon, overloaded with tastelessness” but looked “sober” and worked “elegantly”.

  7. It was much later that he got his driving license in Sydney. Prema and Upen were expecting their first born. After a number of failed attempts, Upen managed to get control of the clutch during the visit of Queen Elizabeth in Sydney while he was caught in heavy traffic.

  8. In the shifting hierarchy of the joint family regulating whether, and when a daughter-in-law could address the father-in-law directly, Kaka’s notes to his daughter-in-law, leave a trace of how communication within an upper caste and fairly patriarchal family was negotiated.

  9. Upendra Baxi, Revisiting Social Dimensions of Law and Justice in a Posthuman Era, 1 LGD (2007), http://www.go.warwick.ac.uk/elj/lgd/2007_1/baxi.

  10. Upendra Baxi, Anthropogenic Harm and Subdelegation, Admin L. Blog (May 23, 2017), https://adminlawblog.org/2017/05/23/upendra-baxi-anthropogenic-harm-and-subdelgation/.

  11. Gephart, supra note 2.

  12. Bernard Moses Memorial Lecture, UNIV. CAL., BERKLEY (May 27, 1952), http://www.language.berkeley.edu/SA_MP3files/SA0361/001_1.mp3.

  13. Id.

  14. See Boal Hall, Class of 1965, Berkeley Law, https://www.law.berkeley.edu/files/1965(1).pdf, for a list of students in the batch.

  15. See, Harvey Club, youtube (Jul. 21, 2010), https://www.youtube.com/watch?v=xACPoZGl9XQ. The Government Officers Gymkhana known as the Harvey Club was established by Major Harvey in Rajkot in 1938. Upen played tennis there as a child with his father.

  16. M.N. Udani, History, Rajkot Bar Association, http://www.rajkotbarassociation.in/continue-history/.

  17. M. N. Buch, Review of Traditional Society in Kathiawar by Harald Tambs-Lyche, 27 IIC Quarterly 127-136 (2000).

  18. Balaji Patil, Bhupat Singh: I Got Him, Balaji Patil Blogspot (Sep. 12, 2014), http://balajivpatil.blogspot.com/2014/09/bhupat-sing-i-got-him.html.

  19. Dhadhal Kanthad Valeg v. Saurashtra State, (1953) CriLJ 1247.

  20. See State (Sessions Judge, Central Saurashtra Division) v. Girasia Bachubha, (1954) AIR Guj 39 (Chief Justice Mohanlal Ujamshi Shah, and Justice J.A. Baxi, noted: According to the information of the Government, a gang of dacoits under the leadership of Rajput Bhupat. Meruji was infesting Saurashtra and committing dacoities with murder, and the Government had declared a prize of Rs. 50,000/- to anyone who caught Bhupat dead or alive. A public appeal (Ex. 54) was issued on 24-9-51 by the Inspector General of Police in which the photographs of Bhupat and four of his associates were published calling for public co-operation in overcoming them and reminding them of the prize offered for apprehension of Bhupat. According to prosecution the Appellant wanted to join Bhupat's gang but before he would be admitted to it's membership he had to qualify himself by committing a murder. Therefore, he placed the jasachithis in two public places in the village and then committed the murder).

  21. Baxi, supra note 9.

  22. Upendra Baxi, Visas for NZ, Sep. 8 Canberra Times 2 (1969).

  23. Sir Guy Powels in India and Other Diplomatic Postings, National Library, https://natlib.govt.nz/items/22917512.

  24. Emails from Upendra Baxi, Professor of law in development, University of Warwick (Sep. 2, 2017 and Sep. 11, 2018) (on file with authors).

  25. Personal Communication with Upendra Baxi, Professor of law in development, University of Warwick (Nov. 23, 2014) (on file with authors).

  26. Id.

  27. Peter Goodrich, J.D., 6 G.L.J. 1 (2005), 15–24.

  28. See Delhi varsity V-C Upendra Baxi quits, Aug. 26, 1994, The Times Of India. One such moment stands out in our memory when he tendered his resignation as the Vice Chancellor of the University of Delhi in August 1994 in protest against the budget cuts to the University. On 3 June 1993, he published his correspondence with Arjun Singh, the then education minister in a booklet entitled ‘Gathering Storm’ over the grant freeze.

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Correspondence to Pratiksha Baxi.

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Pratiksha Baxi—Associate Professor. Viplav Baxi—edTech Professional and Researcher.

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Baxi, P., Baxi, V. Letters to Kaka: postcard-images of Upendra Baxi. Jindal Global Law Review 9, 239–255 (2018). https://doi.org/10.1007/s41020-018-0071-5

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