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The essays in this volume explore the relatively new field of women and law from interdisciplinary, feminist perspectives and help to develop an understanding of feminist legal studies in India. As a collection, the book offers insights about women and law as addressed by feminists from the standpoint of both legal and non-legal disciplines. Individually, the different essays explore the legal terrain through historical and cultural analyses of issues such as women’s human rights, gender discrimination, feminist legal scholarship, prostitution, conjugality and the representation of female outlaws in cinema. This varied and contextualised approach explodes the understanding of law as an objective, external, neutral truth. Instead, each writer lays open the contradictory nature of law and shows how it frequently becomes a site of political and ideological struggle.
There is much debate about postfeminism, what it is, and its role in feminist politics. Whilst postfeminism has become increasingly influential in the study of literature, popular culture, and philosophy, it has so far received comparatively little attention in law. This book aims to remedy this situation. The book brings together feminist legal scholars working in different contexts to examine the idea of postfeminism and assess its contemporary relevance. It explores a range of questions including the following: Does postfeminism describe an age that follows modernism, an age where identity politics has realised its goals and feminism is no longer needed? Or does postfeminism describe the feminism of a postmodernist age where identity can mean anything at all? Or, differently again, does the term capture a ‘new feminism’ that discredits feminism and attempts to reshape its political consciousness? And what might the answers to these questions mean for law and legal theory, and a feminist politics of law reform?
For a judiciary in a democracy, dispensing justice is not only about doing justice, but also about showing that justice is being done; it is about giving reasons and creating a "culture of justification". The question becomes how to nurture such a culture. A number of liberal democratic jurisdictions have answered this question in part with the adoption of the multi-step method of evaluating the constitutionality of legislative infringements on fundamental rights widely known as Proportionality Analysis. Under Proportionality Analysis courts must engage in a structured process of reasoning. This book deals with Gender Justice and Proportionality Analysis in India. The author argues that the Supreme Court of India should consider adopting Proportionality Analysis for the adjudication of the fundamental right to sex equality in Indian courts. The book includes an analysis of Canadian and South African Proportionality Analysis and makes some suggestions on how an Indian Proportionality Analysis could be generated using this comparative investigation. Additionally, the book proposes ways of applying the effects of socio-political context on doctrine, as well as doctrine’s interpretive impact on adjudicated outcomes for gender, thus making a contribution to feminist jurisprudence. Finally, the author analyses Indian gender equality jurisprudence, demonstrating the inadequacies of the current doctrinal framework for achieving the goal of substantive gender equality and suggesting ways in which an Indian Proportionality Analysis might be fashioned to address these inadequacies. A novel examination of the gender situation in India in comparative perspective, this book will be of interest to academics in the field of Gender Studies, Asian and Comparative Law and South Asian studies.
Women in custody -- Women in law -- Killing women.
Drawing lessons from the intersection of literature, photography, cinema, television, dance-drama, and choreography, this book presents a unique analysis of Indian activist thought spread over two centuries. In this wide-spanning work, Esha Niyogi De argues that the 'individual' has been creatively indigenized in modern non-Western cultures: thinkers attentive to gender in postcolonial cultures embrace selected ethical premises of the Enlightenment and its human rights discourse while they refuse possessive individualism. Debating influential schools of postcolonial and transnational studies, she weaves her radical argument through a rich tapestry of gender portrayals drawn from two moments of modern Indian thought: the rise of humanism in the colony and the growth of new individualism in contemporary liberalized India. From autobiographical texts by nineteenth-century Bengali prostitutes, point-of-view photography, as well as woman-centred dance-dramas and essays by Rabindranath Tagore to representations of Tagore's works on mainstream television, video, and stage; feminist cinema, choreography, and performance by Aparna Sen and Manjusri Chaki-Sircar respectively—the book makes use of these and much more to creatively engage with empire, media, and gender.
Ranging from studies on sport and national education and pulp fiction to infanticide, psychiatric therapy and religion, these essays on the various forms, expressions and consequences of the British 'civilizing mission' in South Asia shed light on a topic that even today continues to be an important factor in South Asian politics.
Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women’s rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women’s lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women’s movements and social movements in India, and South Asia more generally.
This book examines the creation of lesbian communities in India from the 1980s through the early 2000s and explores the everyday practices that comprise queer activism in India.