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E-ESSAYS FROM ZUBAAN | 21 AUGUST, LEGISLATION

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Our e-Essays project is now LIVE! Previously-released essays are available here, and each month a new essay is available for free with any other purchase.

To be added to the mailing list, subscribe here!

The first five sets of e-Essays focused on Indian women's movements, sexual violencedomestic space and kinshipreligion and conflict and state crimes and impunity. Three strong essays comprise our sixth e-essays set, which focuses on legislation passed in India and its relationship with structures of violence from three consecutive loci. The first deals with legislation being a partially successful result of feminist protest against dowry in the 70s and 80s, while the second with the implications of the Armed Forces Special Powers Act (AFSPA) in Jammu & Kashmir, which allows the nation’s military forces to try themselves for (often violent and gendered) crimes in courts of their own making. The third essay discusses the implementation of the 73rd Amendment and how reservations for marginalised populations in Panchayati Raj institutions have initiated a backlash against women who are elected leaders from these populations. These three parallel engagements with law break apart the illusion of neutral or perfect legislation, challenging the foundation upon which that idea is built.

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1) 'The Campaign Against Dowry' by Radha Kumar from The History of Doing:  An Illustrated Account of Movements for Women's Rights and Feminism in India, 1800-1990 (1999)

Radha Kumar 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.

Kumar's essay delves into the way that feminists challenged the dominant ideological mode that rendered violence against women a private, family matter – particularly in Delhi, where the campaign was more sustained – and how, over time, activists 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. 12pp.
Read more.

50.00

Dr. Radha Kumar is the Chair of the United Nations University Council and theDirector General of the think tank Delhi Policy Group. She has published various books and journal articles, and her work looks at ethnic conflicts, peacemaking and peacebuilding from a feminist perspective.

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2. 'Collateral Damage or Regrettable Casualty? Sexual Violence and Impunity in Jammu & Kashmir' by Gazala Peer from Fault Lines of History: The India Papers II (2016)

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Gazala Peer’s essay, written against the backdrop of militarization and the existing Armed Forces Special Powers Act in Jammu & Kashmir, explores obstacles faced by survivors of sexual violence in seeking redress when the perpetrators of this violence are members of the armed forces.

Since the imposition of AFSPA in Kashmir, the Indian government has not granted sanction for the prosecution of any armed personnel in any court of law. Although in principle the provision of prosecuting army personnel under court martial trials does exist, Peer questions whether these trials, taking place within the structure of the army itself, can ever be a substitute for trial in civil courts. To this end, Peer closely examines the context and process of the court martial, arguing that this system, in cases of sexual assault and violence perpetrated by its forces (which the army views as “breaches of discipline”), is disposed to be lenient toward the perpetrators, maintaining martial impunity. 39pp.
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₹ 70.00

Gazala Peer is a lawyer and independent researcher born and brought up in Kashmir. She is currenlty a doctoral candidate in constitutionalism at the Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi. Before joining JNU, she practised law at the High Court of Jammu & Kashmir.

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3. 'New Modes of Violence: The Backlash Against Women in the Panchayat System' by Shail Mayaram from The Violence of Development: The Politics of Identity, Gender & Social Inequalities in India (2003)

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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 women and other marginalized communities have reserved seats 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, Shail Mayaram uses qualitative data from her fieldwork in Rajasthan to highlight the ‘new modes of violence’ that elected women representatives face, like physical violence, forced stripping, and verbal abuse. Her research  demonstrates how caste politics, the police, and patriarchy form a nexus to protect the perpetrators, and  questions how to effectively translate 'good' legislation into functioning policies. 32 pp.
Shail Mayaram is Professor at the Centre for the Study of Developing Societies, New Delhi, and Adjunct Professor at the Delhi School of Economics. In the past she has held a Visiting Chair at Tel Aviv University and Aligarh Muslim University, and has been awarded Fulbright, Rockefeller and other prestigious fellowships.
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FREE IN AUGUST, WITH THE PURCHASE OF ANY OTHER ESSAY:

'The Everyday and the Exceptional: Sexual Violence and Impunity in Our Times (Introduction)' by Uma Chakravarti from Fault  Lines of History: The India Papers II (2016)

11_The Everyday and the Exceptional - Uma Chakravarti_coverUma Chakravarti’s introduction to Fault Lines of History: The India Papers II 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 need for avowal of sovereign emergency.
This 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. 34pp.
Read more.
Dr. Uma Chakravarti is a feminist historian who taught at Miranda House, Delhi University. She writes on Buddhism, early Indian history, the 19th century and on contemporary issues.
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A note on pricing, frequency and format:

The e-Essays project is a new initiative from Zubaan, undertaken to make our near-fifteen years of feminist research more accessible to our readers and community. Ten new essays are released each month (on the 1st, 11th, and the 21st), each set curated to a theme; subscribers receive each curated set in their inbox. The essays range from just a few pages to 100-page chapters, and we've therefore created three pricing tiers: 50, 70 and 95 rupees. Responses to our test survey in March indicated that a majority of readers would be willing to pay up to Rs. 100, so we've kept even the longest essay under that amount. The vast majority of our readers also included PDFs in their preference of format, and we have accordingly standardised all our essays in PDF files.

 

If you're interested to see what's coming next, make sure you've joined our mailing list, and keep your eye out for the next mailer/blog post.

Happy Reading!

E-ESSAYS FROM ZUBAAN | 11 AUGUST, STATE CRIMES & IMPUNITY

E-essays header fixed

Our e-Essays project is now LIVE! Previously-released essays are available here, and each month a new essay is available for free with any other purchase.

To be added to the mailing list, subscribe here!

The first four sets of e-Essays focused on Indian women's movements, sexual violence, domestic space and kinship and religion and conflict. The movement against the Indian state in Kashmir, or the battle between Maoists and the state in Chhattisgarh are two examples of how governments often become suspicious of, and turn against their own citizens. Often, citizens—in these cases, women—are caught in complex webs of impunity created by state power (as in the impunity assumed by the army under the Armed Forces Special Powers Act) or by non-state actors (as in the impunity violent power gives to militants and underground factions in both states).  If Kashmir and Chhattisgarh are examples of states of ‘war’, the ways in which social exclusion and caste marginalization work provide shameful examples of the ongoing ‘warlike’ situation faced by Dalit women, against whom violence, especially sexual violence, has been ‘naturalized’, with state protection often standing squarely behind the (savarna) perpetrators. This week’s selection of essays—one a photo essay—sheds light on state crimes and impunity, and how women's lives are impacted by these confrontations with state power.

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1) 'Kidnapping, Abduction, and Forced Incarceration' by Aloysius Irudayam S J, Jayshree P Mangubhai & Joel G Lee from Dalit Women Speak Out: Caste, Class and Gender Violence in India, 2011.

This essay sees the authors examine various methods of kidnapping/abduction and forced incarceration—on the basis of a study of 47 narratives—and then analyze the implications of these forms of violence on the fundamental rights of Dalit women.

Examining these relationships with violence, the authors conclude 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. 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. 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. 13pp.
Read more.

₹ 50.00

Aloysius Irudayam S. J. is currently the Program Director for Advocacy Research and Human Rights Education at the Institute of Development Education, Action and Studies (IDEAS), located in Madurai, Tamil Nadu.

Jayshree Mangubhai is a Senior Human Rights Adviser with the Pacific Community (SPC), a regional organisation that provides technical and scientific advice to Pacific Island governments, based in Fiji.

Joel G Lee is an Assistant Professor of Anthropology at Williams College, Massachusetts, USA. He teaches and conducts research on caste and religion in South Asia.

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2. 'Nobody's Children, Owners of Nothing: Sexual Violence and Impunity in Chhattisgarh' by Guneet Ahuja and Parijata Bhardwaj from Fault Lines of History: The India Papers, Vol II, 2016

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The conflict between the state and the left-wing insurgent groups in Chhattisgarh has created an environment of fear, and with it a number of impediments to the documentation of sexual violence in the affected areas. In this essay, lawyers Guneet Ahuja and Parijata Bhardwaj 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 essay also discusses the stories of Soni Sori and Meena Xalxo, two out of many cases of torture and extrajudicial murder, most of which do not emerge into the dominant narrative. Relying on sources both 'official' and oral which, when taken together, are telling of the extent of violence occurring in the region, Ahuja and Bhardwaj analyze what happens when authorities dismiss human lives as mere impediments to development, and state forces reject a distinction between civilians and warring groups. 46pp.
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Guneet Ahuja worked with the Jagdalpur Legal Aid Group from 2014 to 2015; since then, she has been practicing law on a range of issues in Delhi. She has previously represented Adivasis in criminal litigation in the courts in Bastar.

Parijata Bhardwaj is a criminal lawyer at the Bombay High Court and a founding member of the Jagdalpur Legal Aid Group. In Bastar, she has worked with Adivasis towards the implementation of their fundamental rights.

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3. 'Finding Face: Images of Women from the Kashmir Valley' by Sheba Chhachhi from Speaking Peace: Women's Voices from Kashmir, 2002

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In 'Finding Face', comprising of a critical essay and a series of personal testimonies interspersed with photographs, Sheba Chhachhi seeks to bring human figures back into the occupied landscape of Kashmir and give voice (/ face) to those whose lives have been obscured in the din of a prolonged war. It makes space for the individual in a history of representation that is populated with recurring tropes and warring stereotypes which, Chhachhi argues, depersonalise the Valley and its conflicts. In her work, women are no longer silent victims, they emerge as textured human beings, not only with voices with which to speak, but also with eyes that are wide open. The testimonies have been taken over a period of six years and reflect varying positions, and the interviewees are students and professionals, Muslims and Pandits, teenagers and the aged.
These photographs were part of a larger work which was initially presented as a photo-installation by Sheba Chhachhi and Sonia Jabbar. The photo-essay as a whole captures the life and times of women during conflict, including during the attempted implementation of the burqa diktat in the Valley. These individuated women stand out in the frames as they look back at the viewer in more ways than one. 37 pp.
Sheba Chhachhi is  is an installation artist, photographer, activist and writer whose work focuses on the history, experience and power of feminine consciousness. Through her work, she also depicts topics like migration, globalization, and urban transformation.
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FREE IN AUGUST, WITH THE PURCHASE OF ANY OTHER ESSAY:

'The Everyday and the Exceptional: Sexual Violence and Impunity in Our Times (Introduction)' by Uma Chakravarti from Fault  Lines of History: The India Papers II, 2016

11_The Everyday and the Exceptional - Uma Chakravarti_coverUma Chakravarti’s introduction to Fault Lines of History: The India Papers II 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 need for avowal of sovereign emergency.
This chapter also 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. 34pp.

Dr. Uma Chakravarti is a feminist historian who taught at Miranda House, Delhi University. She writes on Buddhism, early Indian history, the 19th century and on contemporary issues.

_______________________________________________________________________________________________________

A note on pricing, frequency and format:

The e-Essays project is a new initiative from Zubaan, undertaken to make our near-fifteen years of feminist research more accessible to our readers and community. Ten new essays are released each month (on the 1st, 11th, 21st), each set curated to a theme, which subscribers receive in their inbox. The essays range from just a few pages to 100-page chapters, and we have therefore created three pricing tiers: 50, 70 and 95 rupees. Responses to our test survey in March indicated that a majority of readers would be willing to pay up to Rs. 100, so we've kept even the longest essay under that amount. The vast majority of our readers also included PDFs in their preference of format, and we have therefore standardised all our essays in PDF files.

If you're interested to see what's coming next, make sure you've joined our mailing list, and keep your eye out for the next mailer/blog post.

Happy Reading!

ON TOPIC: Dalit Protests in Gujarat, Trans Rights, Irom Sharmila, and Kashmir

Here’s what we have been reading while being subjected to loud, off-key singing by the devotees of Lord Shiva from the temple next-door (Why? Because it is the holy month of saawan! If you are still unaware of this annual national phenomenon and are curious, read this before going further).

In India:

Recently, a Dalit couple was hacked to death because they owed a shopkeeper Rs. 15. A few weeks ago in Una, Gujarat four Dalit men were flogged, tied to an SUV and paraded for skinning a dead cow. Moreover, the flogging was filmed as a warning to other Dalits. In response, the Dalit community has been protesting in the state like never before. The Sunday before last (31st July), they gathered in large numbers in a rally in Sabarmati. This is a report on the event by Scroll, largely comprised of accounts on social media pf the lack of relevant reporting in the mainstream media. Anandiben Patel has stepped down as the Chief Minister of Gujarat. Here is a list of issues compiled by The Hindu faced by the Gujarat government during her two-year term. Kancha Illaiah writes in the Indian Express about how a cow democracy has come to mean the oppression of Dalits. The underlying ideology of these violent atrocities, he argues, seems to be “skin for skin” punishing Dalits for their very occupation of skinning carcasses.

Meanwhile, two Dalit women have been appointed as priests in this Mangalore temple, and here is an article on how a Maharashtrian village in Beed forced the elected Sarpanch, a Dalit woman who speaks her own mind, out and installed a pliable proxy instead. This is often how upper caste men manipulate mandatory reservations for women and Scheduled Castes.

Jammu and Kashmir Coalition for Civil Society has started the Blindspot campaign in an attempt to raise internationl awareness about the violation of human rights by the Indian state. The use of pellets by the Indian Army has caused injuries to the eyes of more than 300 people in aftermath of Burhan Wani’s funeral.

The Transgender Persons (Protection of Rights) Bill, 2016 was tabled in the Lok Sabha last week. While it was touted as a bill seeking empowerment of one of the most marginalized communities in India, here is a list of pros and cons you should know about the bill.

Mamata Banerjee, tired of being the last one to speak during inter-state council meetings, has decided to correct the logical fallacy that has led us all to call a state in the east of the country ‘West Bengal’. Rajyasree Sen writes here on why this makes complete sense.

In other, less amusing news, the parliament recently passed the Child Labour Prohibition and Regulation Amendment Act. Vijaylaxmi Balakrishnan examines the connections this has with other recent political developments and why this leaves children above 14 (who can now be legally employed in family businesses) vulnerable by stripping them of the Right to Education. Another example of state-sanctioned apathy faced by marginalized children comes from Assam. The chairperson of the Assam State Commission for Protection of Child Rights is reportedly being pressurized to change her report on the status of 31 tribal girls taken by RSS affiliated organizations to Gujarat and Punjab.

Mahasweta Devi, the Bengali activist and writer, passed away at the age of 90. Urvashi Butalia remembers what discovering her works meant during the early years of the women’s movement in India here.

In Assam, the state with the highest maternal mortality ratio in the country, communities are coming together to prevent maternal health violations. Here is an article by Sarita Santoshini where she writes, ‘The High Court of Delhi expanded right-to-life provisions to include the right to safe motherhood and recognised maternal death as a human rights violation. This landmark decision was the first of its kind globally. However, India spends only 1.4% of its GDP on public health, and the policies under its National Health Mission (NHM), which entitles pregnant women living below the poverty line to several free benefits, are poorly implemented.’

Late in July Irom Sharmila announced that she will end her fast today (9th August). Ita Mehrotra gives us a glimpse of the activist’s sixteen year long struggle here. Mehrotra has also written about how her meeting with Irom Sharmila not only changed her ideas of nationhood but also impacted her daily work as an activist in her contribution The Poet,  Sharmila for Drawing The Line (Zubaan Books, 2015).

Mahmood Farooqui has been sentenced to seven years of imprisonment for sexually assaulting an American research scholar at his home in Delhi. Last week, journalist Rama Lakshmi, acquainted with Farooqui and a friend of the victim, penned a Facebook post (later published on the DailyO, here), powerfully describing the victim’s struggle. She also censured the hypocrisies of the circle of ‘progressive’ friends who tried to convince the victim to withdraw the complaint. This has now become the first case after the 2013 amendment, which recognised forced oral sex as rape, to result in a conviction for this crime.

Over at The Wire, Prem Shankar Jha writes about Arvind Kejriwal’s continuing tussle with the Modi government, as the latter seeks to ‘incapacitate the AAP government in Delhi ever since its humiliating defeat in Delhi in December 2014.’ Jha comments on the BJP government’s increasingly ‘scant respect for the law and the Constitution’, making a case for taking Kejriwal’s warnings seriously.

Two Indians are on the list of the six winners of the 2016 Magsaysay Award. Bezwada Wilson who has been fighting for the abolition of the practice of manual scavenging (here's an extensive interview with the activist) and Carnatic musician TM Krishna a non-conformist who seeks to democratize Carnatic music.

In the world:

Hillary Clinton and Donald Trump officially accepted their Presidential nominations at the DNC and the RNC respectively. Notable speeches include two speeches by Michelle Obama. First, her moving speech at the DNC about the greatness of America, where she, a black woman, wakes up in a house built by slaves. The second, her speech from the 2008 election which was plagiarized this year by Melania Trump. Read here Ms Magazine’s take on why the glass-ceiling-shattering by Hillary Clinton is not enough for women in politics.

(On a side note: If you’ve been feeling out of touch with your sense of wonder for the world, check out Bill Clinton discovering balloons.)

While the interminable list of gross things said by Donald Trump now includes this gem on workplace sexual harassment, here’s Barack Obama reminding everyone of his feminist dad status. Here’s a response to this brand of feminism which focuses on familial relationships as the reason for men to be feminists.

Peter Pomerantsev explores here the reasons we ended up in a ‘post-fact’ world where the truth no longer matters. In a world with a digital cascade of information everyone can feel justified to cherry-pick ‘their own truth’— no facts, only interpretations. Perhaps this is how Donald Trump wins the presidential candidacy (even though 78% of the things he says are untrue) and Britain leaves the EU (because of a factually incorrect campaign run on the side of a bus later dismissed as a ‘mistake’).

Iran has put job tests on hold while investigations are carried out on the gender discriminatory vacancies for government jobs.

Nayyeema Ismat writes a genuine account of her frustrating experience of being queer in Pakistan. With the lack of a uniquely local LGBTQ narrative she finds herself shuttling between defending her Sunni Muslim spaces from the orientalising gaze of western feminists, and then using their language to explain female empowerment to her family.


In Culture:

Agents of Ishq conducted the Great Indian Penis Survey in an attempt to start a conversation about men and their very personal relationship with their penises. Here are the results of this first-of-its-kind, extremely non-heteronormative survey, presented in a very witty report.

Finally, if you have plans for a movie we would recommend that you skip Suicide Squad. Here’s a compilation of reviews for the movie. Apparently, ‘the film’s biggest laugh comes at the expense of Batman punching Harley Quinn’s face.’ You can definitely watch Ghostbusters though. As this review says, ‘There’s a thrill in seeing an action-movie team made up not only of women, but of women who fall blissfully outside the narrow definition of the Hollywood hottie.’

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