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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.
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.
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.
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.
December 2012: Tens of thousands of people – women, men, families, young, old, rich, poor – come out onto the streets of towns and cities in India to protest the brutal gang rape and murder of a young medical student in Delhi. For days and months, the protests refuse to die down. People demand change, action, commitment to the ideals of democracy and egalitarianism. And they refuse to be silenced.
Soon, a new law is put in place. More and more people start to report incidents of sexual assault. New conversations, new debates begin: is violence increasing? Are we seeing more of it? Was it previously invisible?
In this bold and brilliant collection of visual stories, fourteen young women respond to the activism and debates on the ground; they negotiate anger, fear, hope, resistance. Created in a week-long workshop, these stories talk to each other as they powerfully describe the fierce determination of the writers/artists to continue the battle for change.
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.
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.
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 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.
"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.
This landmark collection on colonial history is now available in a brand new edition as part of the Zubaan Classics series to celebrate Zubaan's 10th anniversary.
This collection of essays stands at an unarticulated conjuncture within the feminist movement and women's studies that have emerged in India since the 1970s. The anthology attempts to explore the inter-relation of patriarchies with political economy, law, religion and culture and to suggest a different history of 'reform' movements, and of class and gender relations. The book seeks to uncover the dialectical relation of feminism and patriarchy both in the policies of the colonial State and the politics of anticolonial movements. The writers in this volume include scholars from various disciplines.
Kumkum Sangari and Sudesh Vaid taught literature at Indraprastha College for Women, Delhi University. Together they have edited a collection of essays entitled Women and Culture and have carried out extensive research on widow immolation in Rajasthan.
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.
In 'Kidnapping, Abduction, and Forced Incarceration', the authors examine, first, the various methods of kidnapping/abduction and forced incarceration—on the basis of a study of 47 narratives—and then analyze these forms of violence’s implications for Dalit women’s fundamental rights.
An examination of the relationship between kidnapping/abduction and forced incarceration, and violence concludes that non-state actors employ the method of forced incarceration to mete out punishment in the form of sexual and physical assault against Dalit women who do not conform to caste-class-gender hierarchies. An analysis of the study data, write the authors, shows that there are three broad categories of methods of kidnapping/abduction: the use of force, allurement through false promises, and other false allurements or ruses. Often, more than one method is utilized; throughout these categories, verbally coercive tactics (like threats) were used to further intimidate or torment the target.
The essay also notes that state actors, primarily the police, engage in their own forms of forced incarceration by the filing of false cases or the illegal detention of Dalit women. Unlike with non-state agents, the authority of a single police official, as a member of a dominant caste and as an agent of the state, is enough to successfully enforce an incarceration. This, the authors assert, shows the ascendency of caste norms over the rules of law.
The physical isolation and restriction from dominant caste male-dominated public spaces re-emphasizes and compounds the caste-class-gender-based social exclusion and vulnerability to violence that Dalit women face, argue the authors. Kidnapping/abduction and forced incarceration are used to both degrade Dalit women’s identity and to mould a collective negative identity fashioned along inequitable caste-class-gender parameters, conclude the authors. Kidnapping, Abduction, and Forced Incarceration thus highlights how these forms of violence negate their agency and reinforce notions of passive submission to exploitation and violence at the hands of the dominant caste.
This essay discusses caste, gender and the state, and the relationship between the three in the context of militarization under Peshwa rule in eighteenth century Maharashtra. Analysing materials available in the Peshwa daftar, Uma Chakravarti illustrates the different ways in which the state played a decisive role in upholding the caste system and in installing social codes to legitimize women’s sexuality.
Chakravarti points out how the Peshwa state upheld Brahmanical social order by prohibiting ‘untouchables’ from approaching the temple of Vithoba (which also housed a shrine for Chokhamela, a saint belonging to the Mahar community who were historically considered ‘untouchable’, was associated with the regional Varkari movement), threatening punishment if they failed to conform. Chakravarti casts doubt on whether this traditional practice helped bridge the gap between the upper and lower castes by looking at the effects of the development of other religious practices with the consolidation of the Peshwai.
The institution of marriage and other codes that legitimized women’s sexuality, additionally, were major elements at play in the Peshwai’s organising of gender relations. Chakravarti explores ideological structures of enforced widowhood, the difference in punishment that women and men who committed adultery faced, and the role of the state in arranging marriage for girls between ages seven and ten. Connecting caste with women’s sexuality, the essay gestures towards Brahmanya’s investment in the undiluted purity of its women.
Written by Farida Abdulla, this essay is a personal account of her experience in Kashmir—before, during and after the enforcement of centralized government rule over the area. Born and brought up in Kashmir, she reflects on the seething resentment of people treated like more border territory than citizens of the country.
Through the essay Adulla looks at ‘what’ instead of ‘why’; she does not delve into the historical context of the rule, but focuses on the effects of such a rule on the local population. By narrating two incidents strongly embedded in her mind, she attempts to show the complexity of the situation, and the pain and confusion of the people living there. Trapped between the government- sanctioned armed forces and the ideological militant resistors, Kashmiri people are often unable to distinguish between the two groups, and are in constant fear for their lives.
She raises questions about security and autonomy, especially in the case of women. While the struggle of women in India has been a long and arduous one, their status becomes even more unstable in a region fraught with suppression and violence. Female voices are either lost in the larger masculine struggle, or are subsumed in the singular narrative of rape and sexual abuse. Abdulla hopes for a safe space for people divided by religion and gender to resolve their conflicts and live in peace and dignity.
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.
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 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.
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.
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
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