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"Women Legal status, laws, etc. India."
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Muslim women's quest for justice : gender, law and activism in India
\"Discusses the claim that understanding the legal world as plural is an important starting point to think about women's access to justice\"-- Provided by publisher.
Book
Hindu women's property rights in rural India : law, labour and culture in action
This volume addresses the issue of Hindu peasant women's ability to effectuate the statutory rights to succession and assert ownership of their share in family land. The work combines a critical evaluation of law with economic analyses into allocation of resources within the family as a means of addressing gender relations and explaining resulting gender inequalities.
eBook
Gender and Community
In India, the legal status of Muslim women within the family is a topic of considerable controversy and debate. It is a complex issue that has implications for matters of not only gender justice, but also religious freedom, minority rights, and state policy regarding the accommodation of difference. Whereas the Constitution of India guarantees equality rights to all women, irrespective of religious affiliation, Muslim personal law, argues Vrinda Narain, explicitly discriminates on the basis of an individual's sex and religion.
Narain begins with an analysis of the historical development and contemporary expression of Muslim personal law within a constitutional framework and examines the assertion that women's rights are a divisive force preventing the evolution of larger collective rights. She contends that an interrogation of the dominant religious ideology is necessary to prevent legislation from binding Muslim women to an essentialist notion of identity, thereby denying them the possibility of challenging Muslim tradition. Eloquently written and substantially researched, Gender and Community combines feminist analysis, post-colonial and critical race theory with legal analysis to critically assess issues of gender equality, minority rights and the accommodation of difference. It offers a fresh look at the conceptualization of women as the markers of cultural community in Muslim India and advocates a perspective that seeks to unite the recognition of women's rights with respect for group integrity. These issues are significant not only for Muslim women in India, but also in the broader context of cultural diversity in pluralist democracies and the choices to be made by states in accommodating difference.
eBook
Makeshift Migrants and Law
This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject.
The complexities and layering of the migrant's existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the 'Other' and reinforces essentialised assumptions about gender and cultural difference.
The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.
eBook
Indian Feminisms
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.
eBook
Nation and Family
The distinct personal laws that govern the major religious groups are a major aspect of Indian multiculturalism and secularism, and support specific gendered rights in family life.Nation and Family is the most comprehensive study to date of the public discourses, processes of social mobilization, legislation and case law that formed India's three major personal law systems, which govern Hindus, Muslims, and Christians. It for the first time systematically compares Indian experiences to those in a wide range of other countries that inherited personal laws specific to religious group, sect, or ethnic group. The book shows why India's postcolonial policy-makers changed the personal laws they inherited less than the rulers of Turkey and Tunisia, but far more than those of Algeria, Syria and Lebanon, and increased women's rights for the most part, contrary to the trend in Pakistan, Iran, Sudan and Nigeria since the 1970s.
Subramanian demonstrates that discourses of community and features of state-society relations shape the course of personal law. Ruling elites' discourses about the nation, its cultural groups and its traditions interact with the state-society relations that regimes inherit and the projects of regimes to change their relations with society. These interactions influence the pattern of multiculturalism, the place of religion in public policy and public life, and the forms of regulation of family life. The book shows how the greater engagement of political elites with initiatives among the Hindu majority and the predominant place they gave Hindu motifs in discourses about the nation shaped Indian multiculturalism and secularism, contrary to current understandings. In exploring the significant role of communitarian discourses in shaping state-society relations and public policy, it takes \"state-in-society\" approaches to comparative politics, political sociology, and legal studies in new directions.
eBook