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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.
Poster Women is an archive of over 1500 posters from the Indian Women's Movement, collected over an 18 monthperiod from all over India. Put together by Zubaan, this unique archive demonstrates the dynamism, richness and variety of this important movement. Spanning the periodfrom the 70s to the present day, the collection is divide into a number of key campaigns that cover areas such as violence, health, political participation, the environment, religion and communalism, literacy and rights and marginalization. Also included are posters on different themes such as the use of the goddess metaphor, or the marking of particular days that ara important to the movement. The collection has been sourced from over 200 groups all over the country.
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 essay puts forward a study, conducted across four states, that brings out the challenges faced by seventeen Dalit women when availing health services in government and private medical institutions. These accounts are placed next to interrelated and essential elements of the right to health, allowing the reader to understand the different forms of medical negligence faced by these women.
The essay shows that both private and public health-care systems position Dalit women at the periphery for reasons of caste, class, and gender. The narratives cover cases where women approached medical institutions with their ailments and also situations where medical practitioners coerced them into family planning operations. The authors note that these narratives are a telling comment on the way government medical state treats Dalit women patients in contrast to non-Dalit patients. The manifestations of the negligence faced by the former group include long waiting periods, indifferent verbal responses, rude verbal responses and refusal of treatment.
The authors argue that the negligence has had consequences on other spheres of these women’s lives: economic, psychological, and personal (their identities as Dalits and women), and this make them more vulnerable to discrimination. The conclusion of the essay shows the reader medical negligence from a systemic angle, by examining the social and political positions of the medical personnel, their value systems, geographical settings and underlying power equations.
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.
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
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.
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 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.
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.
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.
The midnight knock on the door and the disappearance of a loved one into the hands of authorities is a 20th-century horror story familiar to many destined to “live in interesting times.” Yet, some stories remain untold. Such is the account of the internment of ethnic Chinese who had settled for many years in northern India. When the Sino-Indian Border War of 1962 broke out, over 2,000 Chinese-Indians were rounded up, placed in local jails, then transported over a thousand miles away to the Deoli internment camp in the Rajasthan Desert.
Born in Calcutta, India, in 1949, and raised in Darjeeling, Yin Marsh was just thirteen years old when first her father was arrested, and then she, her grandmother and her eight-year-old brother were all taken to the Darjeeling Jail, then sent to Deoli. Ironically, Nehru – India’s first Prime Minister and the one who had authorized the mass arrests – had once “done time” in Deoli during India’s war for independence. Yin and her family were assigned to the same bungalow where Nehru had also been unjustly held.
Eventually released, Yin emigrated to America with her mother, attended college, married and raised her own family, even as the emotional trauma remained buried. When her own college-age daughter began to ask questions and when a friend’s wedding would require a return to her homeland, Yin was finally ready to face what had happened to her family.
A qualitative as well as quantitative ethnography of 500 Dalit women who had been subjected to verbal, sexual and physical violence by men of the dominant castes, this essay starts as a narrative of individual Dalit women and moves towards an analysis of the reasons for the kinds of responses these women received when they tried to seek justice.
The essence of the essay’s argument is that despite the existence of adequate legal measures, Dalit women still face insurmountable obstacles while getting those measures implemented, assuming of course that they know that what has been perpetrated against them is legally actionable.
Typically, the responses to such violence include the women not seeking legal remedies in the first place; women getting blocked at the community level (by perpetrators, by the dominant caste community, by dominant caste Panchayats, by their own families, or by Dalit panchayats) from accessing legal remedies; women receiving some informal, inadequate form of justice by NGOs or panchayats; and women getting blocked by the police from accessing legal remedies.
The author finds that state impunity, dominant caste impunity and the collusion between the two is the central reason for Dalit women not being able to receive the formal redress that they ought to. To that effect, the author suggests that challenging this impunity will be the primary task of organizations seeking Dalit women’s empowerment.
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.
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 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.
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.
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.
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.
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