
Subversive Sites
Feminist Engagements with Law in India
SAGE Publications Inc (Publisher)
1st Edition
Published on 21. August 1996
Book
Hardback
352 pages
978-0-8039-9315-0 (ISBN)
Description
Subversive Sites explores the complex role of law in feminist struggles for social change in India. After a review of the history of women's struggles with law, the authors examine a range of legal regulation, including family, labour and constitutional law. Particular attention is paid to the role of familial ideology in the legal regulation of women, and the ways in which this ideology continues to undermine efforts to engage with the law are revealed. Drawing on a broad range of recent theoretical developments, including feminist legal studies, poststructuralism and cultural studies, the book argues that law is a site of struggle in which competing visions of gender, family, culture and tradition are fought out.
The authors also consider some of the many contemporary challenges that feminist engagement with law must increasingly confront, including the impact of the new economic policies and the rise of the Hindu Right. Finally the book explores the emancipatory potential of law by suggesting particular strategies for engaging with law.
The authors also consider some of the many contemporary challenges that feminist engagement with law must increasingly confront, including the impact of the new economic policies and the rise of the Hindu Right. Finally the book explores the emancipatory potential of law by suggesting particular strategies for engaging with law.
Reviews / Votes
`Written in a clear style and providing a thoughtful examination of the Indian context, this book draws creatively on the work of international feminist legal scholars and activists to make an important contribution to feminist social theory' - Choice`Subversive Sites explores the complicated relationship between women and the law, seeking both to define law's limits, and to explore its possibilities for bringing about progressive change in women's social status. Through a selective but meticulous examination of a range of legal provisions - constitutional guarantees, case law, public litigation, legislative measures - the authors open up an area of crucial importance and interest for feminists working in the "field" as well as in academia. Though the focus is on India, the relevance of the book's concerns go well beyond this specific context.
Simultaneously consolidating previous feminist research in the area and breaking new ground, Kapur and Cossman have produced a major work in the new and rapidly developing field of feminist legal studies. Their book is at once exciting and careful, provocative and responsible, challenging and cautious in the ways it combines, methodologically, exposition with argument, statement with speculation, and analysis with theoretical insight.
It is a measure of the scope of this enterprise that it should draw upon and contribute to feminist "theory" as such; and also that its inherently comparative perspective has much light to shed on our contemporary postcolonial condition' - Rajeswari Sunder Rajan, author of Real and Imagined Women: Gender, Culture and Postcolonialism
`Ratna Kapur and Brenda Cossman have produced a book that is timely, vital and necessary. Drawing on recent developments in feminist legal studies, poststructuralist theory and cultural studies, Subversive Sites explores the complex relationship between women and the legal apparatus. It shows how the legal system has historically propped up patriarchal relations and has been shaped by the ideology of the family in India, and also how it has been used an an instrument to challenge the dominant social order. But then it asks us to move beyond the existing understanding of the law as either oppressive or liberatory, and to consider it as contradictory terrain "where competing visions of the world are fought out". Showing how the Hindu Right has appropriated the terminology of women's rights and equality, and drawing upon a rich body of Indian as well as Western scholarship, Subversive Sites offers ... discussions of the debates on equality and difference, affirmative action, and rights in relation to the status of women in India. Thus, it places the question of how women might use the law to challenge the status quo with diverse historical, theoretical and political contexts. This is engaged scholarship that is committed to theoretical sophistication as well as to an emancipatory vision, and it is written with a lucidity that is becoming increasingly rare' - Ania Loomba, Associate Professor, Jawaharlal Nehru University
`Ratna Kapur and Brenda Cossman's work significantly extends the growing literature on feminist legal studies. With great clarity, it elaborates an extremely complex reading of law as a relatively autonomous discourse of the state, a contradictory domain which is neither emancipatory nor inescapably an instrument of patriarchal power systems. Its critique of the liberal notions of law does not simply probe the limits and insufficiencies of existing laws but questions the fundamental assumptions of legal discourses to explore their ideological and economic moorings by drawing upon a wide range of social feminist and poststructuralist theoretical works. The contests over possessing the legal arena by feminists as well as by the dominant political and economic formations in India are described and analyzed with historical precision; they also reveal acute and original insights into recent political and economic changes. This reading suggests not an abandonment of the arena of legal changes, but a critical reclaiming of the contested site through informed collective feminist stuggles' - Tanika Sarkar, St Stephens College, Delhi University, co-author of Khaki Shorts, Saffron Flags
'This challenging book shatters many myths about laws and legal regulations and puts forward alternative visions and strategies' - Development Policy Review
More details
Edition
First Edition
Language
English
Place of publication
Thousand Oaks
United States
Target group
Professional and scholarly
Weight
516 gr
ISBN-13
978-0-8039-9315-0 (9780803993150)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Content
Introduction
Feminist Legal Revisions
Women, Law and Social Change
Women, Legal Regulation and Familial Ideology
Constitutional Challenges and Contesting Discourses
Equality and Family
Women, the Hindu Right and Legal Discourse
Feminist Legal Revisions
Strategies for Engaging with Law
Feminist Legal Revisions
Women, Law and Social Change
Women, Legal Regulation and Familial Ideology
Constitutional Challenges and Contesting Discourses
Equality and Family
Women, the Hindu Right and Legal Discourse
Feminist Legal Revisions
Strategies for Engaging with Law