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Chakravarti’s essay counters the claim that in the pre-colonial period, a ‘fixed’ Hindu law didn’t exist because of multiple caste laws, by arguing instead that even those separate caste laws were bound by a broader rational framework, enforced as such by the Peshwai.
Chakravarti analyses the three legal issues of widow remarriage, conjugality and the age of consent to explore how the colonial laws affected women; the relationship between the caste panchayat and the larger legal culture of the second half of the nineteenth century, and whether the textual law was more or less repressive than customary law.
Women came under the purview of the colonial law because of a weakening of the caste panchayats, and the new British administration gave men a choice of forum through which to enforce patriarchy.
They were also brought under the colonial state through criminal cases against them, such as those for prostitution and abortion. The colonial state was able to do this effectively because the patriarchal Indian community also had the same goals. Despite the inherently patriarchal nature of colonial laws, women also sought the system out for cases of adoption and rights over their parents’ property.
The essay also points to how cultural nationalism unified ‘Hindus’, placing a Brahmanical patriarchal notion of womanhood instead of caste and regional differences, raising important questions about the relationship among the colonial state, law, family, caste panchayats and gender in the nineteenth century.
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.
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’.
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.
Two prominent protests in Manipur by women in recent years, one an individual one and the other a collective one, have brought to national attention the brutalities committed by the armed forces on ordinary citizens under the Armed Forces Special Powers Act.
This essay highlights what those protests mean for peace in Manipur, and how women have played a critical role in exposing the impunity with which human rights are violated under the exceptional circumstances created by the AFSPA. It also questions the unethical nature of militarization and the patriarchal nature of the State.
Broadly containing two segments, it gives a background to Irom Sharmila’s protests and her reasons for choosing hunger strike as her method of protest. The discourse of conscience and Satyagraha that Sharmila evokes is brought out through interviews. This is followed by an analysis of the 2004 public disrobing by the Meira Paibis, in protest against the rape and murder of a young woman by the personnel of the Assam Rifles.
The essay shows the inversions brought about by both protests via a comparison between Irom Sharmila’s prolonged hunger strike against an exceptionally violent law, and the Indian Army Rape Us protests by the Meira Paibis. Both challenge the division between the public and the private, holding the state publicly accountable for atrocities committed in private. Food and clothing, one a biological necessity and the other an important social norm, are given up by the protestors. According to Mehrotra, this shows the power of the human body generally, and the female body particularly, to formulate and transmit subversive messages. She finds that underlying the protests is a common thread of rebuilding Manipur out of all the chaos.
Radha Kumar's chapter tracks the history of protests against dowry in the contemporary women's movement, starting from the first demonstrations at Hyderabad in 1975 and leading up to significant legal amendments in the early 1980s. Interspersed with historic photographs of the movement in its crucial stages, the essay captures the wave of protests that spread across the country, bringing disparate groups together to revolt against dowry-related crimes.
As stories of torture were brought to attention in public discourse, feminists challenged the dominant ideological mode that rendered violence against women a private, family matter. This violence was not only physical, but also mental, often leading to incidents of bride-burning and abetted suicide. Kumar's essay delves into the way such incidents garnered public outrage – particularly in Delhi, where the campaign was more sustained – and how, over time, feminists expanded their methods of seeking redress. The campaign, as it gained traction, sought action not only through legal investigation, which had been negligible in dowry crimes, but also through social pressure on the perpetrators.
Kumar's essay finally covers the consequences of the prolonged campaign, in particular those of changing legal attitudes. There had been a marked shift from an indifference regarding practices of dowry harassment and bride-burning to a series of amendments that set in place several protective as well as investigative measures for cases concerning dowry victims. The movement had then achieved, after initial setbacks, some important victories, and Kumar's essay captures this not only through its text but also through a range of photographs from the period.
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.
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 is a historical overview of Dalit literature, focusing on the contribution of women writers. The authors Urmila Pawar and Meenakshi Moon show how the Dalit movement gained momentum with the rise of Dalit centric newspapers and literary societies, which gave a voice to the Dalit people. Led by Babasaheb Ambedkar, this literary movement was strengthened through talks, discussions, analysis of folk songs, and by spreading literacy and encouraging research. By the 1960s, Dalit writers had created a huge collection of short stories, poems, novels, autobiographies and analytical pieces. The authors focus on the gradual increase of female voices and perspectives in Dalit writing – on topics ranging from religious customs like funerary rites, birth control, to mixed marriages. Some women included larger criticisms of patriarchal societal norms in their writing, advocating for equality. They were especially emphatic about the need for education, urging other Dalit women to take initiative by educating their daughters. The essay also looks at writings on Ambedkar himself, and on Buddhism, the religion that Ambedkar heavily propounded, and later embraced. By providing excerpts of their writings, the essay shows how the women often had differing points of view, leading to healthy discussions and critiques. Appreciating these works for their literary merits as well as social significance, the authors suggest that they helped people understand and appreciate their own history, and facilitated the spread of radical ideas of identity and self-worth.
Samita Sen’s essay traces the history of the Indian Women’s Movement from the 1920s to the present day. The chronological as well as thematic logic of the essay follows three primary heads: a historical background, the Uniform Civil Code (UCC) controversy, and the political implications of the reservation for women in legislatures.
The historical background highlights four critical issues: the tensions and fractures within the women’s movement, how these fractures were related to the mediated relationship between women and the conception of their ownership by the nation-state, how the differences amongst women could be managed or transcended to create a political community to which women will want to belong, as opposed to being shunted into it, and finally, the issue of women’s agency in politics.
The discussion on the UCC becomes an example of how the community and communal politics are deeply implicated in the politicization of personal laws, and how the rise of nationalism and the politicization of the ‘private’ familial domain placed personal laws at the centre of the colonial-nationalist conflict. The initial consensus amongst the women’s movement for reforming the gender discrimination in personal laws broke down by the time the Women’s Reservation Bill was introduced. This also marked a shift in focus from demanding legislation from the state to a greater participation of women in state affairs.
For Sen, a new feminist politics has to address struggles of class, caste, community, religion et al, without displacing gender as the central concern, making this essay one of crucial importance for understanding the origins of the issues facing feminist politics today.
"Drawing from field research in Cameroon, Ghana, Viet Nam and the Amazon forests of South America, this book explores the relationship between gender and land, revealing the workings of global capital and of people's responses to it.
A central theme is the people's resistance to global forces, frequently through an insistence on the uniqueness of their livelihoods.
The book addresses a gap in the literature on land tenure and gender in developing countries. It raises new questions about the process of globalization, particularly about who the actors are (local people, the state, NGOs, multinational companies) and the shifting relations among them. The book also challenges the very concepts of gender, land and globalization. "
Dzodzi Tsikata is a senior Research Fellow at Institute of Statistical, Social and Economic Research(ISSER) and Deputy Head of the Centre for Gender Studies and Advocacy (CEGENSA) at the University of Ghana. Her research interests are the areas of gender and livelihoods, gender and development policy and practice, land and resources tenure reforms. She has several publications on these subjects including a book, Living in the Shadow of the Large Dams: Long Term Responses of Lakeside and Downstream Communities of Ghana's Volta River Project(2006).
Pamela Gholah worked as Program Officer with the Women's Rights and Citizenship Program at the International Development Research Centre, Canada. In 2009, she joined the Research and Evaluation Branch at Citizenship and Immigration Canada as a Policy and Research Analyst.
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.
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.
This volume documents the focus on the widow, regarded as the dark half of womankind in tradition, the structural counterpart of the sumangali or the auspicious married woman, and to provide an archive on widowhood. The archive comprises prescriptions, injunctions, laws and other accounts dating back to the 5th century BC from Sanskrit texts as well as extracts from official documents, pamphlets and essays in many languages, published in the 19th and 20th centuries. The material is arranged in three parts: documents, personal narratives and creative writing in an attempt to capture the complexities of the experience of widowhood, its diversity and range across India. With the emergence of the women's movement in the last quarter of the 20th century, the terms of analysis have changed and feminist inspired scholarship has raised new questions. In the anthology the widow comes across not just as a passive 'pitiable' object, oppressed, victimised and patronised but as an active resisting survivor - it is this last image that stays with the reader.
This piece was written after the abduction of the author's husband by ULFA terrorists in Majuli, Assam where they worked as social development workers in 1996–97. In this chapter, Ghose explores her experience of learning to cope with the aftermath. Moving from personal reflections to discussing universal aspects of such suffering, she throws light on the far-ranging impact of violence that often goes unacknowledged. She then captures the different stages that an individual undergoes in the period of suffering, and consequently looks at strategies of coping which are effective and can transcend harmful responses. By shifting the focus onto the individual's own reaction to violent events, Ghose is able to break down the mistakes that one is susceptible to making almost reflexively – mistakes that perpetuate a cycle of violence.
Written in the form of a prefaced monograph, the title of this piece is drawn from a short course that the author attended in Delhi, which gave her the fresh perspective and strength needed to make this reflective essay a reality. Ghose's insights on responding to events of violence or conflict are embedded in a critique of certain forms of protest as well as what she calls the commonly held 'victim attitude'.
For Ghose, strategies of coping become methods of achieving much more. In a world full of violence and rage where a vicious cycle of the two is kept alive, it becomes imperative to rise above feelings of aggression and victimisation that inevitably cause more harm than good.
"The absence of gender awareness in policy and planning in the past has given rise to a variety of efficiency, welfare and equity costs. This book develops an analytical framework and a set of tools which can assist planners, as well as trainers, to ensure that gender is systematically integrated into different aspects of their work. It offers as inventory of the kinds of assumptions which lead to gender-blind policy, and assesses integrationist and transformatory strategies by feminist advocates to influence the mainstream policy agenda. An analytical framework for examining the gender inequalities generated by key institutions through which development takes place occupies a central place in the book. A selection of case studies from the Indian context serves to illustrate different aspects of the framework and its application.
Esther Syiem's essay traces the paradoxical nature of women’s status in Khasi matrilineal society. At once empowered and oppressed, Khasi women learn to negotiate these contradictions in their day-to-day engagements with society. Matriliny, for example, is often seen as empowering for women: this, combined with more egalitarian tribal traditions and culture, has given Khasi women greater visibility and mobility and has helped to build solidarities among them.
Despite being both visible and vocal, like their sisters across the country Khasi women too face a skewed sex ratio, a lack of reproductive choices, widespread domestic violence and a host of other issues. The author suggests that these contradictions are better understood by looking at the origin of the Khasis, a time when, because men went to war and often did not return for long periods, women were designated as keepers of the family name and of social values. These became their domain. While inheritance passed through them, much decision-making power in public spaces, particularly in the field of politics, stayed in the hands of men. Although culturally and legally, for example, there is no bar to Khasi women participating in politics or standing for elections, but by and large, despite being ‘empowered’ in other spheres, women tend to stay out.
With the breaking down of the relative isolation of tribal cultures in India, and with more women stepping out of their homes and seeking jobs, change has begun to seep into Khasi lives and transform old relationships and equations. Pointing to this as an important development, the author pleads for Khasi society, and Khasi men in particular, to be open to this change, and to embrace it without limiting the agency of women.
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.
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.
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