Gender, Law, and Resistance in India


Book Description

Theft, poisoning, affairs, flights home, refusals to work, eat or have sex, threats to divide the joint household, and sly acts of sabotage are some of the domestic warfare tactics employed by Muslim women attempting to resist patriarchy. Gender, Law, and Resistance in India dramatically illustrates how a patriarchal ideology is upheld and reinforced through male-governed social and legal institutions and how women defy that control. Based on anthropological fieldwork in rural Rajasthan in northern India, Erin Moore's book details the life of an extended Muslim family she has known for twenty years. In many ways the plight of the central character, Hunni, is representative of dilemmas experienced by the majority of north Indian peasant women. Ultimately an account of cultural hegemony and defiance, Gender, Law, and Resistance in India reveals how so-called "modern" state institutions and practices reinforce traditional arrangements, resulting in women being silenced, deprived of equal rights before the law, and returned to their male guardians. Still, women resist in overt and covert ways. The first ethnographic work to focus principally on the law and legal institutions of gender and agency in South Asia, this unique volume examines the interpenetrations of north India's pluralistic legal systems. Moore adeptly connects engrossing case histories to national dialogues over women's rights, discussing these issues in terms of Muslim personal laws, secularism, and communal violence. Gender, Law, and Resistance in India is a rich and truly significant contribution to gender studies, South Asian studies, and sociolegal studies.




Reclaiming the Nation


Book Description

Living in pluralist India has had critical consequences for Muslim women who are expected to follow a determined and strict code of conduct. The impact of this contradiction is most evident in the continuing denial of gender equality within the family, as state regulation of gender roles in the private sphere ultimately affects the status of women in the public sphere. Reclaiming the Nation examines the relationship between gender and nation in post-colonial India through the lens of marginalized Muslim women. Drawing on feminist legal theory, postcolonial feminist theory, and critical race theory, Vrinda Narain explores the idea of citizenship as a potential vehicle for the emancipation of Muslim women. Citizenship, Narain argues, opens the possibility for Indian women to reclaim a sense of selfhood free from imposed identities. In promoting the hybridity of culture and the modernity of tradition, Narain shows how oppositional categories such as public versus private, Muslim versus feminist, and Western versus Indian have been used to deny women equal rights. A timely account of the struggle for liberation within a restrictive religious framework, Reclaiming the Nation is an insightful look at gender, nationhood, and the power of self-determination.




She Comes to Take Her Rights


Book Description

Using the contemporary workings of property law in India through the lives and thoughts of middle-class and poor women, this is a study of the ways in which cultural practices, and particularly notions of gender ideology, guide the workings of law. It urges a close reading of decisions by women that appear to be contrary to material interests and that reinforce patriarchal ideologies. Hailed as a radical moment for gender equality, the Hindu Succession Act was passed in India in 1956 theoretically giving Hindu women the right to equal inheritance of their parents' self-acquired property. However, in the years since the act's existence, its provisions have scarcely been utilized. Using interview data drawn from middle-class and poor neighborhoods in Delhi, this book explores the complexity of women's decisions with regard to family property in this context. The book shows that it is not passivity, ignorance of the law, naiveté about wealth, or unthinking adherence to gender prescriptions that guides women's decisions, but rather an intricate negotiation of kinship and an optimization of socioeconomic and emotional needs. An examination of recent legal cases also reveals that the formal legal realm can be hospitable to women's rights-based claims, but judgments are still coded in terms of customary provisions despite legal criteria to the contrary.







Rewriting Resistance: Caste and Gender in Indian Literature


Book Description

‘Rewriting Resistance: Caste and Gender in Indian Literature’ explores the claustrophobic shadow of discrimination hanging over Indian women and lower caste people from ancient times. It examines how different literary figures paint a vivid and descriptive picture of the physical and psychological oppression faced throughout India. The book traces feminist resistance, subaltern resistance, and resistance during the anti-colonial struggle, with the literary outputs discussed working as socio-political activity against dominant ideologies. The volume further talks about the responsibility, not only of those oppressed, but also of us as human beings, to speak out against the violation of human rights and for justice. So, the book focuses on the literary writers who always dream of a better India where all people, regardless of their caste, class and gender, can live and breathe freely. The book is divided into three parts. Part I describes the plight of women, their commodification and the politics around them, and how they fight hard to regain their faded identity. Part II depicts the interesting findings on gender-caste intersections and discrimination. Part III explores the struggle of the low caste, specifically male members of Dalit community, along with their history. It further portrays how orthodoxy in rituals creates the burden of traditional and existential crises. ‘Rewriting Resistance: Caste and Gender in Indian Literature’ re-visits Indian literary texts in terms of what they reveal about the resistance registered through the suffering of human beings (women and Dalits) at the hands of fellow human beings, and further links the discussion to our contemporary situation. The book has a unique quality in that it is not only a detailed study of select Indian English texts, but also delves into an in-depth analysis of texts from Bengali, Urdu, and Hindi literature. The work is likely to affect and appeal to students, scholars and academics, and can be adopted for classroom teaching and research purposes as well.




Gender, Violence and Governmentality


Book Description

This book critically examines gender-based violence in India and interrogates the legal and policy discourse surrounding it. It discusses various forms of violence faced by women such as sex selective abortion, trafficking, rape, domestic violence, as well as the violence faced by female sex workers and transgenders in India. It draws on in-depth interviews and case studies to highlight the socio-economic conditions of the survivors who find themselves forced to contend with legal and policy framework that is inadequate to deal with these issues. The author analyses the major laws against violence and the policies introduced to ameliorate the condition of survivors in order to understand the potential and challenges of these initiatives from a postmodern and feminist perspective. The book also addresses the survivors’ realisation of agency and resistance which is seen to be expressed both sporadically and on day-to-day basis. An important and timely contribution, this book will be indispensable to students and researchers of gender and sexuality, feminism, minority studies, sociology and social policy, politics, law, human rights and South Asian studies. It will also be of interest to policymakers, government agencies, think tanks and NGOs working in the area.




Law and Gender Inequality


Book Description

This book provides an invaluable analysis of the current trends of the debate on Uniform Civil Code located within a highly charged and communally vitiated political scenario. It goes on to expose the communal undertones of some recent well published judicial pronouncements.




Shaheen Bagh


Book Description

From Delhi to Chennai, a million Shaheen Baghs. A copy of the Constitution in one hand, the tricolour in the other, Shaheen Bagh became a symbol of a vibrant democracy and secular pilgrimage. But who were these women who braved it all? Shaheen Bagh: From a Protest to a Movement is a moving tale of the brave women of Shaheen Bagh-patient, persevering and unbelievable peaceniks-who raised their voice for the deprived and the discriminated. Initially starting out as a cry of anguish against the allegedly discriminatory laws of the Citizenship Amendment Act and National Register of Citizens, it soon became a modern-day Gandhian movement for equal rights for all citizens. The book is a result of the authors' abiding focus on the movement, including spending time with the brave hearts almost every day of the protest from dawn to dusk and beyond. The authors slept in the open near the protest site to understand what it takes for a ninety-year-old woman to leave the comfort of her bed during a chilly winter night and stand up for the future of each one of us as equal citizens of the country. The book recounts how the women did not abjure ahimsa even when their opponents stooped to barbs and bullets. It recaptures for the reader the riveting cry for democracy that was Shaheen Bagh. Authors Ziya Us Salam and Uzma Ausaf take us on this glorious journey of the making of Shaheen Bagh and how it became a metaphor for resistance, spawning a hundred Shaheen Baghs across the country in a bid to restore the sanctity of the Constitution, the national flag and the national anthem.




Women’s Human Rights in India


Book Description

This book focuses on women’s human rights in India. Drawing on case studies, it provides a clear overview of the key sources on gender and rights in the country. Further, it contextualizes women’s rights at the critical intersection of caste, religion and class, and analyses barriers to the realization of women’s human rights in practice. It also develops strategies for moving forward towards greater recognition, protection, promotion and fulfilment of women’s human rights in India. Drawing on critical pedagogical tools to analyse groundbreaking court cases, this book will be a key text in human rights studies. It will be indispensable to students, scholars and researchers of gender studies, sociology, law and human rights.




Indian Democracy


Book Description

More than seventy years after its founding, with Narendra Modi's authoritarian Hindu nationalists in government, is the dream of Indian democracy still alive and well? India's pluralism has always posed a formidable challenge to its democracy, with many believing that a clash of identities based on region, language, caste, religion, ethnicity, and tribe would bring about its demise. With the meteoric rise to power of the Bharatiya Janata Party, the nation's solidity is once again called into question: is Modi's Hindu majoritarianism an anti-democratic attempt to transform India into a monolithic Hindu nation from which minorities and dissidents are forcibly excluded? With examinations of the way that class and caste power shaped the making of India's postcolonial democracy, the role of feminism, the media, and the public sphere in sustaining and challenging democracy, this book interrogates the contradictions at the heart of the Indian democratic project, examining its origins, trajectories, and contestations.