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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.

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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.
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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.
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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!

ON TOPIC: JUNE WITH GENDER, INCLUSIVITY, AND EDUCATION

Events

-On the 28th of June, various Indian cities saw protests under the name of Not In My Name’ being held. The protests, although held in immediate response to the lynching of Junaid Khan, addressed the larger issues of militant nationalism and vigilante ‘beef lynchings’. While holding a protest like this was extremely important, people have voiced criticisms of the protest as well, in particular speaking out about the issue of the name of the protest, saying it’s like the “Indian upper-caste liberals’ version of #NotAllMen.

-In celebration of Pride Month, Chennai held its (9th) annual pride parade this June, and over a 100 people participated. People chanted slogans, dressed up in colourful clothes and handed out badges. A group of sex workers also joined the parade to raise awareness about sexually transmitted diseases.

-This month, the Indian Express started a new series called #GenderAnd, where through different articles and news pieces, it looked at the intersection of gender with other concepts like culture, the nation, and development, showing that gender isn’t something that can be looked at in isolation. The series includes articles on painting (gender and culture), corporate India (gender and business), trans rights (gender and the nation), and so on.

Popular Culture

-After a long struggle with the Indian Censor Board for certification, Lipstick Under My Burkha (which was initially supposed to release in October last year) will finally hit Indian theatres on the 21st of July. The film was earlier denied certification on the premise that it was too ‘lady oriented’. Balaji Motion Pictures announced the news with a bold and telling poster. Despite its release being stalled in India, the film has won numerous accolades abroad.

-Video Volunteers, a media and human rights NGO has a campaign called #KhelBadal, a video based campaign that tries to initiate conversations on different issues. This month, the campaign was called What’s In A Name, and talked about how many women all over the country are unable to address their husbands by the first name as it’s seen as a sign of disrespect. Not following this practice leads to social censure. Watch the video here.

Politics and Governance

-Chaya Kakde, accompanied by five other social workers from her women’s self-help organisation in Maharashtra, has been on a hunger strike since the 21st of June (as of 26 June 2017). Their demands include: removal of GST on sanitary napkins, making sanitary napkins available at ration shops, the providing of free sanitary napkins to women with uterus cancer, and the installment of sanitary pad vending machines in Maharashtra schools. They plan to move their protest to Jantar Mantar by June 30 if their demands are not met.

-Tamil Nadu is going to make the registration of pregnancies with the health department mandatory. Not completing such formalities could mean that the child will not get a birth certificate. The scheme, which will be implemented in July, is "[...] an ambitious project that attempts to bring down maternal and infant mortality rates by keeping a tab on every pregnant woman in the state," according to health secretary J Radhakrishnan.

However, this announcement does raise certain issues. As this article points out, the implementation of the scheme, especially in rural areas, will reduce the amount of time village nurses have to actually interact with pregnant women and educate them about health risks, as record keeping will begin to consume most of their times. Further, placing pregnant women under surveillance could make them feel conscious to avail of abortion services.

-A conference organized by the National Commission for Women in Chandigarh revealed that many women who married NRI men were being abandoned by their husbands, who after moving abroad without their wives, sent them divorce notices. This is a common occurrence, and to curb it, the Indian government is going to launch a web portal to help women who have been abandoned by men abroad.  This redressal system will aim at helping women register grievances regarding maintenance, divorce, and child support.

-The Haryana government will now allow married girl students in state universities and colleges to avail of maternity leave benefits of up to 45 days after submitting a valid medical certificate, effective from the upcoming academic session onwards. However, this only applies to married students, despite the fact that is it possible for unmarried women to get pregnant too!

-This month, the Punjab government decided to implement a number of progressive measures that will empower women in different spheres of their lives. Firstly, it increased the percentage of seats reserved for women in rural and urban local bodies from 33% to 50%. Further, it declared that education in government schools and colleges from the nursery to PhD level will be made free. The education reforms also include making textbooks more accessible and equipping classrooms with internet facilities.

-The Tamil Nadu government made education for transgender students free in the Manonmaniam Sundaranar University in Tirunelveli. Further, ‘meritorious students’ are to get an additional stipend of Rs. 3,000 per month. Over in Kerala, the State Literacy Mission, following a survey, decided on continuing its education programmes for transgender students who discontinued their education midway. The programmes started in early June, and are being held in different cities for both tenth grade and senior secondary levels.

It's heartening to see different state governments making progressive measures to empower different sections of the population. However, the large gap between announcement and implementation can make policies fail, even if they have the best of intentions.

For example—the Kochi Metro, this month, became the first government organization to employ transgender people, with 23 transgender people being hired as ground staff. However, within a week of the metro’s implementation, 8 of the employees quit, as people refused to rent houses/rooms to them because of their gender identity.

Undoubtedly, it’s extremely important for the policy formulation and implementation agencies to recognise that nothing takes place in a vacuum—the social context always needs to be taken into account, and structures need to be put into place to ensure that the policy can function smoothly on the ground.

-Women are allowed to hold positions in the medicinal, legal, and engineering branches of the Indian Army, but they cannot be placed in combat positions. However, this month, the Army Chief said that the Army was in talks with the government to open up combat roles to women, something very few countries worldwide have done. The chief further said that initially, women would be recruited in the military police, whose role involves maintaining movement of soldiers, handling prisoners of war, assisting the civil police, etc.

This, however, raises larger questions about whether we as feminists should be lauding the Army for taking this step.  This Firstpost article puts forward some pertinent points—“If the inherent nature of the army is violence, and if violence is something that is both incompatible with feminism and that has uniquely horrifying effects on women, what does it mean to enlist more women in such an organization? There’s a lot here to unpack before we throw a party celebrating women’s entry into this traditionally male field. We’re all for women facing better employment prospects, but do we really need them to be hired as agents of violence and the patriarchy?”

Legal Judgements

-The Uttarakhand High Court declared that courts throughout the state should hear acid attack cases on a daily basis, and ensure that such trials conclude within three months. The court also announced that a compensation of Rs 1 lakh should be paid to acid attacks victims by the state after the filing of an FIR. It also ordered the state government to provide protection to eye-witnesses during the trial.

Sports

-The ICC Women’s Cricket World Cup commenced this month, and our cricket team emerged victorious from their first match, where they beat England by 35 runs.

-Pro-wrestler Kavita Dalal has been selected for the WWE’s 32-competitor Women’s Tournament, The Mae Young Classic.

Tech

-Following company research that revealed that many Indian women don’t set profile pictures of their faces out of fear that their pictures will be misused, Facebook is now rolling out a new feature in India called profile picture guard. Activating the feature means the following: others cannot download, share or send your profile picture in a message on Facebook, and Android users will be unable to take screenshots of your profile picture. However, screenshots still can be taken from other devices.

June at Zubaan

-After five long years, we sent out a new and improved version of our e-newsletter to our subscribers! If you’re interested in being up to date about Zubaan’s new releases, activities and projects, make sure you sign up for the (monthly) newsletter here.

-This month has also been dedicated to putting the finishing touches on our e-Essays project, due to launch next month. This project is going to ‘unbundle’ content by making select essays from anthologies available in e-formats for a reasonable fee. If you’re subscribed to our newsletter, keep your eyes peeled for the e-Essays mailer, coming to your inbox soon.

-On the 25th, Zubaan’s feminist book club discussed Amruta Patil’s Adi Parva. If you were unable to attend but are interested to read it, pick up the book here. Also, if you’d like to know when the next meeting is, don’t hesitate to shoot us an email (contact@zubaanbooks.com).

-This month on the blog, we featured two excerpts from our title Watercolours: A Story from Auschwitz by Lidia Ostałowska, translated from Polish by Sean Gasper Bye. Watercolours is the story of artist Dina Gottliebová-Babbitt and how she survived Auschwitz. In the words of S.G Bye:

 Lidia Ostałowska’s telling of this powerful story interweaves Dina’s life with the history of the camp both during and after the war, tracking how cultural memory of the Holocaust has evolved over the last half-century in Europe, America and Israel. She also poses challenging questions about art and morality. If art is used in service of genocide, is it still art? What are the artist’s duties under such circumstances? And to whom does the artist’s work belong—to the artist? The victims? To humanity?

That’s it for June, but On Topic will be back next month with more feminist news, so see you soon!

(PS: for daily feminist news updates, follow us on Twitter!)

 

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