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For this essay, Adrienne Germain draws from her professional life, especially her interactions with female sex workers in the Indian subcontinent. The author details how action around sex workers is often centred on “rehabilitation” and “relocation” as though all women in sex work had been “forced” into it by circumstance. Germain believes that this position deprives these women of their agency and fails to respect their autonomy as individuals.
The central theme of the essay is the difference of opinion among feminists, and between some feminists and the sex workers’ movement, on if sex work is or can be an autonomous choice by women, or is always and only a form of violence and exploitation of women. Another important theme dealt with in the essay is the interface of sex work and HIV, where policy makers often see sex workers only as a vector of the disease with programmatic interventions often not recognizing these workers as agents of change themselves. She mentions her engagement with several non-governmental organizations in India that led her to realize the need to establish and implement sex workers’ labour rights.
The author also discusses her positionality and mentions the emotive barriers or discomforts that still remain for her around sex work, which she attributes to differences in life experience. She describes these “emotive barriers” as stemming from the fact that she cannot fully imagine the choices, as much as she respects their right to sex work. In addition to general opposition to defending the rights of women in sex work, she discusses how many women perceive these sex workers as a direct threat to themselves, to their marriages, or to a social order in which they feel “safe”. The author states that in the broadest sense, both feminist and sex workers’ movement are founded on the commitment to women’s autonomy especially control of their bodies. She concludes with a call for solidarity and for women to unite across diversities to mitigate the challenges around sex work.
Often cited as the most militarised zone in the world, the Kashmiri landscape is full of contradictory narratives. This essay intervenes in this crossfire of accounts in order to investigate the voices of survivors of sexual violence in the region.
This essay illustrates how sexual violence in the context of Kashmir takes on another layer of meaning as a deliberate strategy employed by the armed forces. It targets both women and men and has a bearing on their daily lives that are subsumed under the shadow of militancy. The events of Kunan Poshpora and Shopian, then, are only a few out of many incidents which speak volumes about the lack of accountability and the culture of silence in the terrain.
As a researcher and activist, Sahba Husain looks at the turning points in the narrative of sexual violence in the region and its emergence out of the margins. Much of the analysis in the essay also stems from personal accounts of survivors who have different allegiances and religious backgrounds, which has affected them differently and has allowed the author to delve deeper into their varied experiences. The aftermath of sexual violence and the challenges it poses in a patriarchal society, especially in the anxiety-ridden conflict zone, broaden the scope of engagement with the very notion of this kind of violence. The essay examines these concerns, as it initiates a move towards a more inclusive and incisive way of thinking about impunity and silenced narratives in the Valley.
Sahba Husain, in her capacity as a consultant with Oxfam, worked in Kashmir at a time when the conflict was already 15 years old. This essay discusses her experiences as a part of the Violence Mitigation and Amelioration Project, where her task was to examine the psychological impact of violence on people's lives as well as the echoes of such violence. It brings to the forefront the increasing rates of psychological disorders and cases of suicide, and the utter paucity of resources for dealing with the deteriorating mental health situation in the region. The essay’s observations on trauma and health stem from the author's empirical study of the population of Kashmir, for whom life has been rendered uncertain. Husain explores how faced with loss, suffering and prolonged stress, women in the region have become susceptible to depression and anxiety too, but often cannot seek treatment due to social constraints. By capturing certain experiences of the people, the essay evokes the drastic transition that has taken place in their lives after militancy and has left Kashmir in the dark. The refrain of fear that is pervasive in the region only affirms that no one, irrespective of age, gender or class, has escaped the massive impact that militancy and the AFSPA have had. Husain's piece is a reflective one as she discusses the challenges she faced during her work, which were integral to her subsequent disillusionment with the Indian state . Her essay, too, shatters a certain monolithic image of Kashmir and sheds light on the psychological trauma and health issues that people from the Valley face. It is, finally, a reminder of the patience, endurance and strength that women have displayed in their desire for justice, and above all, peace.
This essay traces the women’s movement in India in the mid-seventies and early eighties, when the issue of violence against women took prominence. Author Urvashi Butalia draws on numerous instances of violence, including among others the rape of Rameeza Bee in 1978, dowry-related violence, and the immolation of Roop Kanwar in 1987. She also looks at the women’s movement’s engagement during this time, which ranged from lobbying with the Law Commission to bring about changes to the rape law, to the efforts of Delhi-based groups like Mahila Dakshata Samiti and Stree Sangharsh against dowry.
In both the rape and dowry campaigns, as also in the campaign against sati, the primary target of women’s demands or grievances was the state, with the belief that the state had failed in its ‘duty’. The essay also traces how one kind of action flowed into another, giving rise to different challenges for the women’s movement.
Butalia also critically examines how inclusive or otherwise the women’s movement has been. She discusses how the broad category of ‘woman’, which many had assumed provided an overarching unifying identity, did not represent a homogeneous group whose broad identity held them together; they could even consent to strengthening the very structures of patriarchy that worked against them. The essay also dwells on how the rise of militant communalism and the polarization of identities along religious lines resulted in major changes and rethinking within the women’s movement in India.
This essay examines women’s writing in the 19th century on the oppression of widows, focusing on voices that writer Uma Chakravarti believes have been invisibilized over the years. Stating that the history of social reforms and widowhood has been predominantly understood from a knowledge-based male perspective, Chakravarti proposes balancing the discourse with several female perspectives based on experiencing widowhood first-hand.
The essay is divided into three parts – the first section focuses on women’s works on widowhood, examining the writing of Sushila Devi, Tarabai Shinde and Rakhmabai. The second section looks at widows from Poona Widows' Home writing about their own experiences, and the third at writers like Pandita Ramabai and Parvati Athavale who were actively involved in providing support to other widows. From scathing criticism to personal experiences, the works criticize the then existing male-dominant Reformist movement, which focused only on widow remarriage, and outline the problems faced by widows, such as deprivation of basic needs like food, clothing and shelter, and the enforcement of unpaid and unacknowledged labour.
Chakravarti thus claims that these works were responsible for expanding the boundaries of the discourse around widowhood, making widows the subject of the issue than mere lifeless objects. She critiques these works, analysing the ideologies and influences of each writer. Through the topic of widowhood, Chakravarti demonstrates how women writers went on to discuss issues of female agency and autonomy, and critique larger patriarchal structures such as religion and family, which reinforced oppressive practices against women.
In this essay, Pratiksha Baxi explores the modes by which the law addresses stripping and parading as a political ritual of atrocity in India at three registers: the naming of the spectacular violence by law; the naming of sites of such corporeal performances in legally plural settings; and identifying the circuits of power that are activated to immunize communities and institutions from naming these acts of injustice.
She illustrates the history of protests against sexual harassment, drawing on watershed legal cases and amendments, starting from the protests by women’s group against the rape of underage tribal girl Mathura in 1979, to nation-wide protests against the Nirbhaya rape case in 2012. Baxi draws extensively on the legal proceedings of Maya Tyagi’s sexual assault case (Sheo Kumar Gupta v State of Uttar Pradesh) and on the case of a young Hindu widow, S, who was sexually assaulted and paraded in her local community after she married a Muslim man (Miss M.S. Annaporani v State of UP). She examines the remnants of colonial law, particularly the laws of “divine displeasure” and “outraging a woman’s modesty” to see how mythic temporalities—like that of Draupadi from Mahabharta, in Mrs. Tyagi’s case—are evoked.
Baxi argues, using this framework, that the stripping and parading of women is constitutive of a public spectacle in which the victim is put on display as a degraded object, having been stripped literally and symbolically of all that is social. The justificatory discourse of such violence constitutes its victims as transgressive subjects who deserve the violence by evoking the language of law or custom. Elaborating on various legal amendments and introductions to judgments, Baxi concludes with analyzing the failings of these in practice. The processes of according dignity remain fraught, she says, when courts insist on hypertechnicalities hollowing the law of its constitutional content
This essay addresses the role that religion plays in sociopolitical processes in Mizoram by attempting to gauge the impact that churches have had in mediating conflicts and brokering peace in the state since the 1960s. It also examines the role of women (and lack thereof) in peacebuilding processes and explores gendered critiques of the same.
As Sawmveli and Tellis write, churches in Mizoram are centralized bodies that hold immense power, thus enabling church leaders to aid Mizo ‘militants’ in negotiating with the Indian government as early as 1966, when insurgency first broke out. However, women did not have much of a decision-making role, neither within the clergy nor during negotiations. The lack of women’s participation can be explained, according to the authors, by the entrenched patriarchy and misogyny in Mizo society. In fact, interviews with Mizo women reveal that they acknowledge the crucial role the church played in mediation, but did not see their exclusion from the process as an issue.
The essay further states that since most political parties in the region are aligned with churches, patriarchy in politics overlaps with patriarchal church culture to marginalize women. However, they also discuss the many women’s organizations that have come up over the years to facilitate women’s entry into the public sphere. Women are also reclaiming traditional proverbs that were used to oppress and belittle them—the essay cites Lalrinawmi Ralte’s rewriting of a popular saying that devalues women as crab meat in the form of what she calls ‘Crab Theology’.
The narrative of Chhattisgarh's indigenous population is one of violence, displacement, and as this essay will explore, several cases of sexual assault. The authors trace sexual violence and repression at the hands of the police, the Salwa Judum, and the state and central governments, all of which have enjoyed a great degree of impunity in the region.
The conflict between the state and the left-wing insurgent groups has created an environment of fear, and with it a number of impediments to the documentation of sexual violence in the affected areas. It is in this vein that the essay traces the stories of Soni Sori and Meena Xalxo as two out of many cases of torture and extrajudicial murder, most of which do not emerge into the dominant narrative. The essay also analyses the circumstances and effects of migration on the people that did manage to flee the conflict-ridden zones, as well as those who were forced to move to the Judum camps where living conditions were abysmal.
Guneet Ahuja and Parijata Bhardwaj are lawyers who have fought for the implementation of adivasi rights, and this piece relies on sources both 'official' and oral, which when taken together are telling of the extent of violence occurring in the region. The essay is a detailed analysis of what happens when authorities dismiss human lives as mere impediments to development, and state forces reject a distinction between civilians and warring groups. It concludes with a call to end excessive military campaigns against the state's own people and engage with the cause of the Maoist struggle, and, very significantly, to provide reparations and fundamental rights to those who have suffered for many, many long years.
The 73rd Amendment (1992) to India’s constitution has not only given rural local governments (Panchayati Raj institutions) constitutional status, but has also ensured that marginalized sections of society such as backward classes and women have reservations in these bodies. The amendment has helped facilitate the entry of rural women in the public sphere. However, the visibility and presence of women in rural politics has been met with a lot of backlash. In this essay, Mayaram uses qualitative data from her fieldwork in Rajasthan to highlight the ‘new modes of violence’ that elected women representatives face.
The essay details the different forms of violence that elected women are subjected too, like physical violence, forced stripping, and verbal abuse. Dalit women face dual stigmatization on grounds of caste and gender. Mayaram’s essay demonstrates how caste politics, the police, and patriarchy form a nexus to protect the perpetrators.
According to Mayaram, there is an urgent need to recognize this backlash and the hindering impact it can have on women’s development. She believes that institutional reform is needed so that implementing agencies like the bureaucracy are sufficiently sensitized to women’s issues, and that structures of support should be created for elected women. Her essay is thus a testament to the fact that having ‘good’ legislation isn’t enough—ground realities have to be taken into account as well to ensure that policies can function effectively.
Uma Chakravarti’s introduction to Fault Lines of History: The India Papers 2 uses a brief history of protest in the north-eastern states of India to illustrate the contract between the state, the army and the rule of law. Detailing the spread of AFSPA as a result and a feature of this contract, Chakravarti points to particular building blocks in the story of resistance in the area — the case of Manorama, Irom Sharmila’s hunger strike, the naked protest by imas in Manipur among others — and castigates mainstream state theorists’ neglect of AFSPA’s existence and growing application as a tool of oppressive state-building. She explains how the postcolonial state’s painting of AFSPA and militarisation, and the accompanying conflicts, as ‘states of exception’ is key to the contract, which is characterised by the tension between the rule of law and the state’s avowal of sovereign emergency.
The chapter provides a valuable cross-section of the volume, summarising each author’s argument while drawing connections between them and larger themes of impunity, militarisation, conflict, revolution, state (un)accountability, ‘security’ and feminist scholarship. She interweaves material on militarised regions in the north-east of India, Kashmir and Chhattisgarh with work on caste-based structures of violence built on and around Dalit bodies, as well as on stripping and parading of women’s bodies as ritual humiliation, to highlight the implications of an aberrant state wielding its impunity as a precise and wide-ranging weapon.
Gazala Peer’s essay, written against the backdrop of militarization and the existing Armed Forces Special Powers Act in Jammu & Kashmir, explores obstacles faced by survivors of sexual violence in seeking redress when the perpetrators of this violence are members of the armed forces. Through cross-cultural comparisons, Peer describes the extent to which gendered sexual violence is used by nation states in war and conflict situations, and the culture of impunity that accompanies this violence – conditions that have existed, too, in Kashmir since the onset of armed struggle against the Indian state in the early 1990s. The essay establishes the role of Indian authorities in signaling impunity to their armed forces in Kashmir, and goes on to investigate the procedure and function of court martials as justice delivery systems for survivors of sexual violence.
Since AFSPA was imposed on Kashmir, the Indian government has not granted sanction for the prosecution of any armed personnel in any court of law. Although in principle the provision of prosecuting army personnel under court martial trials does exist, Peer questions whether these trials, taking place within the structure of the army itself, can ever be a substitute for trial in civil courts. To this end, Peer closely examines the context and process of the court martial, arguing that this system, in cases of sexual assault and violence perpetrated by its forces (which the army views as “breaches of discipline”), is disposed to be lenient toward the perpetrators, maintaining martial impunity.
Finally, to highlight the hostile and alienating nature of the court martial trial to survivors of sexual violence, and questioning the system’s ability to deliver any kind of justice at all, Peer walks the reader through the experience of four such survivors. Their testimonies and interviews raise serious questions on the basic norms of justice and fair trial vis-à-vis cases of sexual violence tried under AFSPA.
This essay uncovers how the writings of women have emerged as forms of protest in Assam, a region torn by political violence and prolonged militancy. For Tilottoma Misra, these voices are doing more than simply responding to a need to represent the marginalised; they are attempting to depict the trauma that the women experience in their lives. In discussing the power of the narrative, Misra lays out those aspects of traumatic events that a literary discourse can grasp more expansively than a strictly historical narrative.
Through a discussion of women's writing in the last ten years, the essay explores ways in which women have been affected by violence committed by both the armed forces as well as the militants. Questions of representations do figure prominently in the essay, and the author refers to short stories and poems to illustrate the experience of living through traumatic incidents and moments of devastation. The texts also reveal a desire to create subjects who are able to rise above their immediate political locations and see suffering in a more universal light.
Written by women during times of conflict, these stories and poems help explore nuances of the ways in which one's psyche is affected by the same. With a population facing discoveries of mass graves and an increasing breakdown of basic civic amenities, Misra poses urgent questions as to the role of the writer in such difficult times.
'HIV and Women in the Northeast' explores the feminization of the HIV/AIDS epidemic in the northeastern states of India. Shyamala Shiveshwarkar illustrates the reason behind the growing epidemic in the Northeast—that the virus has been extending its reach with high-risk sub populations like injected drug users (IDUs) as well as making inroads with the general population—and focuses on how it is impacting women detrimentally. The region has seen the HIV/AIDS epidemic primarily driven by IDUs; states are combating the double dilemma of drugs and AIDS. Transmission of the virus from IDUs to spouses, sexual partners and children has also been established, which has led to statistical increases in sero-positivity. Given that the “Northeast” is a homogenizing misnomer, the author uses tracking mechanisms to outline how differences in socio-economic and anthropological dynamics contribute to different prevalence rates and changes in infected populations over time.
Shiveshwarkar establishes and elaborates on the critical linkages between drugs, violence, and gender inequalities at the individual, family, and societal levels to establish women’s increasing vulnerability to HIV/AIDS. She asserts that regardless of whether they are affected or infected, women are being forced to take on a greater share of the socio-economic and psychological burdens of stigma and discrimination, violence, caring for the sick and providing for their families. Many women, including young girls who are forced to drop out of school, are made to work to cover the medical expenses of sick spouses or to repay debts. The author takes care to outline the intersection of these vulnerabilities with the political insurgency in these states and explores the problems with existing treatment and care of HIV/AIDS—focusing primarily on its inadequacy and male-centricism, which severely limits women’s access to prevention and care
In her conclusion, Shiveshwarkar, insists on the need to recognize that accessibility is a web of socio-economic, cultural and physical geographical factors: for women, the presence of services alone is insufficient. The author argues that what is needed is holistic reform which includes addressing the drug problem in these states, demanding state-sponsored medical interventions and gender sensitive medical environments.
In this essay, Geetanjali Singh Chanda explores the idea of the nation, and its representation as a house or home in postcolonial Indian English literature. The author identifies that this literature has a dual parentage that manifests in its narratives, where characters with fragmented identities negotiate to make India their home.
Chanda explores this depiction of ‘Indianness’ through three prominent literary works: Nayantara Sahgal’s Rich Like Us (1983), Meena Alexander’s Nampally Road (1991), and Arundhati Roy’s The God of Small Things (1997). She focuses on the treatment of history within these narratives, and the struggle of characters to reconcile their personal or national history with the post-colonial present. This is done by connecting the events in the text to a significant historical event—like the Indian Independence in 1947, or the Emergency of 1975, which becomes the setting of both Rich Like Us and Nampally Road.
While an exhaustive study of the novels’ characters and storyline shows differences in their narratives and the authors’ perspectives, Chanda identifies common themes of disillusionment, belonging, and a complicated relationship with a house, which in each narrative becomes symbolic of the characters’ relationship with the nation. Women in particular seem to have tenuous relationships with the house, often being marginalized in the idea of the nation. But their relationships with each other seem to transcend national and ethnic identities, and help them navigate through the nation. Chanda focuses on these relationships in particular, associating the motherland with the biological mother.
This essay looks at case studies of sexual violence against women combatants and sympathizers in Northeast India to examine the special vulnerability of this category of women to sexual violence. As Roshmi Goswami points out, at present there are over fifty armed groups in the region making a plethora of demands and situated at different stages in the continuum of conflict. The author argues that women have borne the brunt of this ongoing turmoil—whether they have been specifically targeted by security forces or rival militant groups. Sexual violence is deployed to torture, humiliate people or to punish and humiliate an enemy group or a community that is perceived to be the ‘other’.
The case studies include those of Thangjam Manorama, Snehalata Duara and Roshmi Bora. These cases bring out how issues of sexual violence often remain outside the purview of ‘peace negotiations’, and how the legal regime has provided impunity for armed forces. Goswami also dwells on how the relative or perceived agency of women combatants ends when the ‘militant’s uniform’ is given up. Ex-combatants are often deeply traumatized having experienced and seen violence at very close quarters, and are in need of long term gender-sensitive psychosocial counselling, which is hardly available in reintegration packages and schemes.
The author concludes by questioning the term ‘post-conflict reconstruction’, pointing out its problematic position: ‘reconstruction’ implies restoration to a former status quo that might not be beneficial to women. She states that for feminist peace activists, genuine conflict transformation necessarily brings the notions of justice and peace together, which would entail correcting inequalities and discrimination while ‘reconstructing’.
Writing in Dalit Women Speak Out, authors Irudayam, Mangubhai and Lee situate this essay within brahmanical patriarchal discourse of dishonour and blame, which stigmatizes Dalit women who are victim-survivors of violence. Their interviews with five hundred Dalit women investigate the nature and forms of violence faced by the women, and bring to light not only instances of violence within Dalit households, but also the overwhelming number of cases that relate to rapes by male members of dominant castes.
These personal narratives articulate the dilemmas that confront women when facing themselves and society after being subjected to violence. The fear generated following any type of violence, and the impunity with which much of the violence occurs, all contribute to changes in the victim-survivors’ social interactions and sense of belonging to their families and communities. The authors focus on both the immediate and long-term consequences of violence on women vis-à-vis their right to health, dignity, life and security. With the help of the study they demonstrate how short-term physical injuries have the capacity to inflict long-term mental suffering, which can exacerbate feelings of helplessness and fear of further violence. The lives of Dalit women become conditioned to violence rather than freedom, which can lead to the curtailment of women’s mobility in public spaces.
This essay puts forward a series of accounts centred around the different manifestations of sexual violence in the lives of Dalit women. Unlike in the legal world, in these accounts lines between methods of assault and degrees of injury emerge blurred, and many of them remain unreported or have otherwise not been disclosed by the survivors.
Exposing the vulnerability of Dalit women to both gender-based exploitation and caste-based violence, the essay investigates the threats that follow the women into their homes, their workplace, and the streets. It also looks at the ways in which the survivors’ voice is silenced, time and again, by the authority of the ruling caste. Covering the many different structures that enable and even perpetuate such violence, the essay focuses in particular on the jogini system that legitimises prostitution even as it creates a circle of exploitation and social discrimination. This leads to an analysis not only of the incidents and functions of sexual violence, but also of the consequences that have to be borne by the survivors alone.
The authors explore different kinds of exploitative structures to identify ways in which they hamper women's claims over their bodily integrity, dignity and privacy. They show how the upper-caste discourse of a Dalit woman's sexual availability, along with the impunity for sexual crimes committed against them, is dangerous on multiple levels. It is the study of the contributing factors to this discourse, coupled with the functions and social effects of this particular kind of sexual violence, that the essay concerns itself with.
The essay traces the detrimental effects on the health of the people of Nagaland due to excessive militarisation in the region. Ngully puts the idea of 'health' into perspective and examines the implications of the WHO definition, which cites not just physical, but also mental and social well-being as criteria. This is done with regard to the torture, murder, and rape that the Naga people have been subject to in the past years by the security forces, justified under the cover of the Armed Forces Special Powers Act (AFSPA).
By placing the psychological trauma that the Naga people have faced within a broader context of disorders resulting from large-scale manufactured disasters, Ngully lays emphasis on the scale of tragedy in his homeland. There is a certain universality to the potential effects that such disasters can have on the mental health of survivors, and these can last long into the aftermath. The effect on mental health, then, Ngully argues, is an important component of disaster impact.
The essay also looks at torture as a term used to describe the atrocities being committed by the security forces and briefly draws a picture of its actions, which have effectively led to a war-like situation. Ngully finally concludes with a call to civil society for the various kinds of help that they can extend in order to mitigate the effects of such a crisis.
This chapter from The History of Doing focuses on the late nineteenth century and early twentieth century, when social reform movements in India were beginning to show results and women were becoming more visibly present in the public sphere. Kumar provides a thematic history of the women’s movement before independence, beginning with focusing on the 1889 session of the Indian National Congress in Bombay where ten women delegates attended the assembly for the first time.
Using photographs and a wide variety of print sources from books to newspapers, Kumar looks at how women’s issues were raised and how women were involved in addressing these. Prostitution was one of the first such issues, referred to by the Indian National Congress at their 1888 session. The essay discusses at length the steps taken to regulate prostitution by the British in India and the level of support this received from reformers and moderate nationalists. The turn of the century saw a proliferation of homes for widows, with schemes to train widows as teachers. The Swadeshi movement in Bengal during this time period marked the beginning of women’s participation in national activities on a larger scale.
Kumar offers detailed portraits on the lives of some of the women involved in the above movements and reforms like Swarnakumari Debi, her daughter Sarala Debi Ghosal and Bhikaiji Cama. Kumar also observes that for some of these women, the bid for personal independence grew to be subsumed in a quest for national independence, but that they also returned to their homes without regret when the moment of crisis passed. A large number of the women written about in the essay were writers, both reformists and revolutionaries.
With the Indo-Naga peace negotiations going into their twentieth year and no concrete resolution in sight, the area stands witness to many dying hopes. In this chapter, Dolly Kikon takes an insider's view to re-contextualise incidents of violence in the conflict-ridden terrain of Nagaland. The essay is a product of on-field research and experiences as it analyses the social and legal consequences of sexual violence that exist in the area. It is a singular analysis of Naga society, in that it tracks the different spaces that a survivor of such violence must operate in as it delves into the power relations that characterise each one. It is in this context that the story of one such survivor, called Beth, emerges. Beth's account speaks about the emergence of a culture of impunity that is embedded in the social relationships of Naga society. By locating violence inside the home, the essay investigates these relationships as well as the processes through which such impunity has become an obstacle for women's rights and justice. The area of focus is the Naga woman and her experiences of occupying a space that is fraught with conflict and sexual abuse. This figure is studied as an often-neglected survivor of cultural violence, whose voice is constantly suppressed by the masculine gaze, be it of the insurgent elements or the state armed forces. The essay is replete with real-life experiences and accounts, as it studies the forms of masculinity and suppression that have become pervasive in conflict zones where over the years violence has become naturalised beyond belief.
Feminist movements in India have, both pre- and post-Independence, seen the family and home as the nexus of organizing women’s lives. By the early 1980s, attempts to analyse this nexus had led to examining the codification of women’s rights in marriage and property. It is in this vein that this essay considers the history of the 1985 Shah Bano case and the feminist debates on personal law that it gave rise to.
The call for a common civil code that emerged from the case was extensively critiqued by feminists, liberals and secularists, as well as Muslim religious leaders. The essay traces how the sociopolitical context led to the quick descent of the issue into communal agitation, with a demand that Muslims be exempt from Section 125 of the Criminal Procedure Code that had been cited in granting Shah Bano maintenance from her husband. It describes how Hindu communalism had been acquiring legitimacy in the eyes of the state, and the contribution of this factor to the national fervour surrounding Shah Bano’s case.
Kumar then traces the opposition by various women’s groups to the 1986 Bill, which was introduced in parliament with an aim to exclude divorced Muslim women from the purview of the hotly debated Section 125. She explores the ‘bitter lessons’ that Indian feminists learnt from the public and state responses to Shah Bano’s case, which then posed certain questions that would become increasingly important to feminists in the years to follow. She concludes with questions of secularism–its definition and its practice–and of representation, both of which are brought to the forefront by Shah Bano’s case.
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