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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.
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 uncovers how the writings of women have emerged as forms of protest in Assam, a region torn by political violence and prolonged militancy. For Tilottoma Misra, these voices are doing more than simply responding to a need to represent the marginalised; they are attempting to depict the trauma that the women experience in their lives. In discussing the power of the narrative, Misra lays out those aspects of traumatic events that a literary discourse can grasp more expansively than a strictly historical narrative.
Through a discussion of women's writing in the last ten years, the essay explores ways in which women have been affected by violence committed by both the armed forces as well as the militants. Questions of representations do figure prominently in the essay, and the author refers to short stories and poems to illustrate the experience of living through traumatic incidents and moments of devastation. The texts also reveal a desire to create subjects who are able to rise above their immediate political locations and see suffering in a more universal light.
Written by women during times of conflict, these stories and poems help explore nuances of the ways in which one's psyche is affected by the same. With a population facing discoveries of mass graves and an increasing breakdown of basic civic amenities, Misra poses urgent questions as to the role of the writer in such difficult times.
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.
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.
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.
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.
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.
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’.
In this essay, Geetanjali Singh Chanda explores the idea of the nation, and its representation as a house or home in postcolonial Indian English literature. The author identifies that this literature has a dual parentage that manifests in its narratives, where characters with fragmented identities negotiate to make India their home.
Chanda explores this depiction of ‘Indianness’ through three prominent literary works: Nayantara Sahgal’s Rich Like Us (1983), Meena Alexander’s Nampally Road (1991), and Arundhati Roy’s The God of Small Things (1997). She focuses on the treatment of history within these narratives, and the struggle of characters to reconcile their personal or national history with the post-colonial present. This is done by connecting the events in the text to a significant historical event—like the Indian Independence in 1947, or the Emergency of 1975, which becomes the setting of both Rich Like Us and Nampally Road.
While an exhaustive study of the novels’ characters and storyline shows differences in their narratives and the authors’ perspectives, Chanda identifies common themes of disillusionment, belonging, and a complicated relationship with a house, which in each narrative becomes symbolic of the characters’ relationship with the nation. Women in particular seem to have tenuous relationships with the house, often being marginalized in the idea of the nation. But their relationships with each other seem to transcend national and ethnic identities, and help them navigate through the nation. Chanda focuses on these relationships in particular, associating the motherland with the biological mother.
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.
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.
'HIV and Women in the Northeast' explores the feminization of the HIV/AIDS epidemic in the northeastern states of India. Shyamala Shiveshwarkar illustrates the reason behind the growing epidemic in the Northeast—that the virus has been extending its reach with high-risk sub populations like injected drug users (IDUs) as well as making inroads with the general population—and focuses on how it is impacting women detrimentally. The region has seen the HIV/AIDS epidemic primarily driven by IDUs; states are combating the double dilemma of drugs and AIDS. Transmission of the virus from IDUs to spouses, sexual partners and children has also been established, which has led to statistical increases in sero-positivity. Given that the “Northeast” is a homogenizing misnomer, the author uses tracking mechanisms to outline how differences in socio-economic and anthropological dynamics contribute to different prevalence rates and changes in infected populations over time.
Shiveshwarkar establishes and elaborates on the critical linkages between drugs, violence, and gender inequalities at the individual, family, and societal levels to establish women’s increasing vulnerability to HIV/AIDS. She asserts that regardless of whether they are affected or infected, women are being forced to take on a greater share of the socio-economic and psychological burdens of stigma and discrimination, violence, caring for the sick and providing for their families. Many women, including young girls who are forced to drop out of school, are made to work to cover the medical expenses of sick spouses or to repay debts. The author takes care to outline the intersection of these vulnerabilities with the political insurgency in these states and explores the problems with existing treatment and care of HIV/AIDS—focusing primarily on its inadequacy and male-centricism, which severely limits women’s access to prevention and care
In her conclusion, Shiveshwarkar, insists on the need to recognize that accessibility is a web of socio-economic, cultural and physical geographical factors: for women, the presence of services alone is insufficient. The author argues that what is needed is holistic reform which includes addressing the drug problem in these states, demanding state-sponsored medical interventions and gender sensitive medical environments.
In this essay, 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
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.
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 looks at case studies of sexual violence against women combatants and sympathizers in Northeast India to examine the special vulnerability of this category of women to sexual violence. As Roshmi Goswami points out, at present there are over fifty armed groups in the region making a plethora of demands and situated at different stages in the continuum of conflict. The author argues that women have borne the brunt of this ongoing turmoil—whether they have been specifically targeted by security forces or rival militant groups. Sexual violence is deployed to torture, humiliate people or to punish and humiliate an enemy group or a community that is perceived to be the ‘other’.
The case studies include those of Thangjam Manorama, Snehalata Duara and Roshmi Bora. These cases bring out how issues of sexual violence often remain outside the purview of ‘peace negotiations’, and how the legal regime has provided impunity for armed forces. Goswami also dwells on how the relative or perceived agency of women combatants ends when the ‘militant’s uniform’ is given up. Ex-combatants are often deeply traumatized having experienced and seen violence at very close quarters, and are in need of long term gender-sensitive psychosocial counselling, which is hardly available in reintegration packages and schemes.
The author concludes by questioning the term ‘post-conflict reconstruction’, pointing out its problematic position: ‘reconstruction’ implies restoration to a former status quo that might not be beneficial to women. She states that for feminist peace activists, genuine conflict transformation necessarily brings the notions of justice and peace together, which would entail correcting inequalities and discrimination while ‘reconstructing’.
Kalpana Sharma's essay explores the multiple roles that women came to occupy in the riots that took place in Mumbai post the Babri Masjid demolition. As the news of this destruction – carried out on 6th December 1992 – was broadcast across the country, it triggered communal violence, resulting in two phases of riots between the Muslim and the Hindu communities. The essay looks at the people who were some of the most affected by the carnage in the city, the urban poor, and highlights how their specific spatial and economic locations had a great bearing on their lives in this period. By studying the chawl dwellers, the slum inhabitants, and the people who resided on the pavements and analysing how each group had varying responses to the riots, Sharma's study explores what degree of significance their religious identity held during this time.
Sharma argues in her essay that the role of the women during these riots was not defined by their gender identity alone, or even their religious affiliation, but also by their class and their location in the metropolis. Her essay is an attempt to understand why and how these factors held the importance that they did, as her study spans areas of Mumbai which were all affected directly by the chaos. She adopts and reinforces a perspective that is broad, in that it explores women's roles during the riots not only as victims, but also as active participants, ready to fight for survival, and as peacemakers who played key roles in bringing communities together in difficult times.
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.
Feminist movements in India have, both pre- and post-Independence, seen the family and home as the nexus of organizing women’s lives. By the early 1980s, attempts to analyse this nexus had led to examining the codification of women’s rights in marriage and property. It is in this vein that this essay considers the history of the 1985 Shah Bano case and the feminist debates on personal law that it gave rise to.
The call for a common civil code that emerged from the case was extensively critiqued by feminists, liberals and secularists, as well as Muslim religious leaders. The essay traces how the sociopolitical context led to the quick descent of the issue into communal agitation, with a demand that Muslims be exempt from Section 125 of the Criminal Procedure Code that had been cited in granting Shah Bano maintenance from her husband. It describes how Hindu communalism had been acquiring legitimacy in the eyes of the state, and the contribution of this factor to the national fervour surrounding Shah Bano’s case.
Kumar then traces the opposition by various women’s groups to the 1986 Bill, which was introduced in parliament with an aim to exclude divorced Muslim women from the purview of the hotly debated Section 125. She explores the ‘bitter lessons’ that Indian feminists learnt from the public and state responses to Shah Bano’s case, which then posed certain questions that would become increasingly important to feminists in the years to follow. She concludes with questions of secularism–its definition and its practice–and of representation, both of which are brought to the forefront by Shah Bano’s case.
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