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Vol 23 No 6 June/July 2018

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Women and the Law in India Omnibus

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Sudhir ChandraSenior Fellow, Centre for Social Studies, Surat, Monmayee BasuReader, Hansraj College, University of Delhi, Flavia AgnesAdvocate, Bombay High Court

ISBN13: 9780195667677
ISBN: 0195667670
Published: March 2005
Publisher: Oxford University Press
Format: Hardback
Price: Out of print

The common thread that unites the three books is mapping the issue of equality before law and various issues relating to women's rights, social justice, and empowerment. The new Introduction by Flavia Agnes discusses the process of legal change. The omnibus forms a comprehensive and significant study for understanding why progressive laws, once passed, continue to be implemented in such limited manner. It highlights that legistlation even in the past fifty years have not brought equality even though lip service is paid to it by policy-makers. Sudhir Chandra studies the case of Rukhmabai wherein he reveals the inner working of the legal system during the colonial period and studies the conflicting and overlapping ideologies which underpinned it.;This proves an essential reading in legal social and women's history of the period. Monmayee Basu takes the subject further. Her book is an in-depth study of the development and changes in the Hindu marriage laws are analysed to explain women's position in society. Flavia Agnes takes up the newer/contemporary struggles for reforms related to women. Her work interweaves numerous perspectives into a meaningful whole. The analysis is backed by facts and cases. She takes up the important issue of Uniform Civil Code and has exposed the communal undertones of some of the recent judicial pronouncements.

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ENSLAVED DAUGHTERS: PROLOGUE; 1. Rukhmabai and Her Case; 2. A Disputed Charter; 3. The Law on Trial; 4. A Challenge to Civilized Society; 5. The Brutal Embrace: Let it Stand; EPILOGUE; APPENDICES- A TO E; INDEX; HINDU WOMEN AND MARRIAGE LAW: ACKNOWLEDGEMENTS; PREFACE; 1. Condition of Hindu Women during the Second Half of the Nineteenth Century; 2. The Changing Concept of Hindu Marriage; 3. The Age of Marriage; 4. Shackles for the Widow; 5. Dowry; 6. Severing the Sacred Tie; 7. The Right to Property; EPILOGUE; GLOSSARY; APPENDICES I, II, III, IV; BIBLIOGRAPHY; INDEX; LAW AND GENDER INEQUALITY: ABBREVIATIONS; TABLE OF CASES; 1. Introduction - A Need for Rescrutiny Part One: PRE-COLONIAL LEGAL STRUCTURES; 2. Plurality of Hindu Law and Women's Rights Under it; 3. Evolution of Islamic Law and Women's Spaces within it; 4. Colonial Rule and Subversion of Rights; 5. Politicization of Women's Rights
PART TWO: POST-INDEPENDENCE DEVELOPMENTS; 6. Hindu Law Reforms- Stolted Efforts at Gender Justice; 7. Erosion of Secular Principles; 8. Communal Undertones Within Recent Judicial Decisions
PART THREE: DEVELOPMENTS IN THE PERSONAL LAWS OF NON-MUSLIM MINORITIES; 9. Legal Significance of the Parsi Community; 10. Political Reformulation of Christian Personal Law
PART FOUR: CURRENT DEBATES; 11. Model Drafts and Legal Doctrines; 12. Strategies of Reform; 13. Conclusion; APPENDIX I; BIBLIOGRAPHY; TABLES; INDEX