Showing posts with label Law. Show all posts
Showing posts with label Law. Show all posts

Gender and the State: A Beginner's Guide to the Personal Law Debate in India

Next week, Lehigh hosts an exciting conference called "Feminisms Beyond the Secular," with a number of prominent feminist academics coming into speak, from India, the U.S. and Ghana. 

I am not presenting at the conference, though I am moderating a panel. Nevertheless, I thought this might be a good moment to post something of my own related to this topic. I had tried to get it published earlier with a scholarly journal, without success. The second half of the essay, not included, deals with novels -- Taslima Nasreen's writings related to secularism and Muslim women's feminism, and Samina Ali's Madras on Rainy Days

This section contains an account of the Personal Law debate in Indian law, which affects Marriage Law, Divorce, custody of children, and property in marriage. It might serve as a beginner's introduction to that debate -- helpful to people who don't have much background in debates over feminism and secularism in India. 

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It is becoming increasingly clear that the often-presumed link between “secularization” and “modernization” does not quite hold, as certain regions of the developed world remain strongly religious in the cultural sphere, while the rapid progress of industrialization in the developing world has come with the growth, not the diminishment, of strong religious beliefs. Secularization, as a cultural, historical tendency, is therefore not an inevitable process, and in a surprisingly wide swath of nations around the world the question of what exactly constitutes “secularism” has become a hotly-contested issue. In these debates, women's rights are often—indeed, nearly always—the central material question under debate. Questions of women’s dress, access to education and employment, control over reproductive rights, the right to divorce, property rights, and child custody rights—these are variously contested by religious conservatives, from Saudi Arabia, to Europe, to India, to the United States. The diversity of different national histories and cultural contexts is so great that no simply universal, “secular feminist” response is readily available.

As critics such as Chandra Talpade Mohanty and others have pointed out, universalism has tended to lead to analytic errors, and is often premised on a kind of neo-colonial presumption of western feminist superiority. And yet, women’s struggles with repressive religious authorities in different parts of the world can be explored, and indeed, profitably understood, across cultural and political boundaries, as long as close attention to cultural and historical specificities is maintained. In the case of the concept of secularism in particular, a helpful corrective to a conventional universalist model might come from a political philosopher like Rajeev Bhargava, who has argued that western political secularism may be only one among many concepts of workable secularism. If in a country like the United States “secularism” seems to indicate a wall of separation between Church and State, in India secularism can refer to a state deeply involved with religion, but focused on using its power to adjudicate resources and rights equally amongst different religious communities (Bhargava 2005; Bhargava 2011). As Priya Kumar phrases it, this kind of secularism emphasizes “tolerance or freedom of all religions rather than as the exclusion of religion from state” (Kumar 2008: 15).

Gender and Secularism in India: a Brief Historical Overview

In the Indian case in particular, secularism in the contemporary moment seems to hinge on women's rights, sometimes with the same degree of complexity and even awkwardness of the recently enacted French laws regarding the Hijab, or headscarf. The current crisis in women's rights and religion has been directly debated in regard to two legal controversies in the 1980s, the Shah Bano case (Agnes 1999; Agnes 2007) and the Roop Kanwar Sati case (Mani 1998), though arguably it could be extended both backwards—to the debates over Sati in the colonial era and the centrality of rape in narratives of Partition—and forwards, to the violence against women in the riots that engulfed the Indian subcontinent in 1992 and 2002 (Baldwin 2002).