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Gangoli - Indian feminisms: law, patriarchies and violence in India

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Gangoli Indian feminisms: law, patriarchies and violence in India
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1. Introduction -- 2. National and local feminisms : different streams within the womens movements -- 3. Feminism and the state : citizenship, legislative debates and womens issues -- 4. The legal regulation of womens sexuality : continuum between civil and criminal laws -- 5. Custodial rape and feminist interventions -- 6. The campaign against domestic violence -- 7. Conclusions.

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INDIAN FEMINISMS

This book is dedicated to all the activists in the Indian
feminist movements for their efforts to make a difference

Indian Feminisms

Law, Patriarchies and Violence in India

GEETANJALI GANGOLI

University of Bristol, UK

First published 2007 by Ashgate Publishing Published 2016 by Routledge 2 Park - photo 1

First published 2007 by Ashgate Publishing

Published 2016 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 2007 Geetanjali Gangoli

Geetanjali Gangoli has asserted her right under the Copyright, Designs and Patents Act, 1988, to be identified as the author of this work.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
Gangoli, Geetanjali

Indian feminisms : law, patriarchies and violence in India 1. Feminism - India - History 2. Women - India - Social conditions 3. Women - Legal status, laws, etc. - India

I. Title
305.4'2'0954

Library of Congress Cataloging-in-Publication Data
Gangoli, Geetanjali.

Indian feminisms : law, patriarchies, and violence in India / by Geetanjali Gangoli.

p. cm.

Includes index.

ISBN-13: 978-0-7546-4604-4 (alk. paper) 1. Feminism--India. 2. Family violence--Law and legislation--India. 3. Women--Legal status, laws, etc.--India. 4. Sex and law--India. I. Title.

HQ1742.G36 2007
305.420954--dc22

2006031459

ISBN-13: 978-0-7546-4604-4 (hbk)
ISBN-13: 978-1-3155-8829-2 (ebk)

Contents
List of Abbreviations

AMM

Annapurna Mahila Mandal

APL

Above Poverty Line

APRM

Anti-Price Rise Movement

AWM

Autonomous Womens Movements

BJP

Bhartiya Janata Party

BPL

Below Poverty Line

CITU

Centre of Indian Trade Unions

Congress (I)

Congress (Indira)

CPI (ML)

Communist Party of India (Marxist Leninist)

CPI

Communist Party of India

CPIM

Communist Party of India Marxist

Cr.P.C

Criminal Procedure Code

DD

Dying Declaration

FAOW

Forum Against Oppression of Women

FAR

Forum Against Rape

FIR

First Investigation Report

HMA

Hindu Marriage Act

IEA

Indian Evidence Act

IPC

Indian Penal Code

IWM

Indian Womens Movement

JMS

Janwadi Mahila Samiti

LABIA

Lesbians and Bisexuals in Action

LBT

Lesbian, Bisexual and Transgendered

MP

Member of Parliament

MPL

Muslim Personal Law

NCW

National Commission for Women

NFIW

National Federation of Indian Women

OBC

Other Backward Castes

PIL

Public Interest Litigation

PITA

Immoral Traffic in Women and Children (Prevention) Act

PUDR

Peoples Union of Democratic Rights.

RSS

Rashtriya Seva Sangh

SAB

Sexual Assault Bill

SITA

Suppression of Immoral Traffic (in Women)Act

SMA

Special Marriages Act

TADA

Terrorists and Disruptive Activities (Prevention) Act

UCC

Uniform Civil Code

UN

United Nations

WDP

Womens Development Programme

WGWR

Working Group on Womens Rights

Glossary

Agni Pariksha: Trial by fire.

Awaaz-e-Niswaan: Literally, the voice of women; feminist organisation working predominantly with Muslim women in Mumbai.

Bindi: The holy dot or bindi is an auspicious makeup worn by young Hindu girls and women on their forehead, and is traditionally a red dot made with vermilion, and signifies female energy (shakti) and is considered a symbol of marriage.

Brahmin: Person belonging to the highest hindu caste of the varna system of traditional hindu society, and regarded to be responsible for societys spiritual aspects. A man born into a Brahmin family becomes twice-born (dvija) when he undergoes initiation into Vedic education.

Dalit: Dalit in Sanskrit is derived from the root dal which means to split, break, crack, used first by social reformer Jotiba Phule (18271890), to describe the outcastes and untouchables as the oppressed and broken victims of the Indian caste-ridden society. Used in contemporary India to describe Sudras.

Dharma: In Hindu philosophy, dharma means religious duty. In Buddhism dharma implies protection from suffering by following Buddhas teachings.

Harijan: The polite form for untouchable coined by Mahatma Gandhi literally people of God, however this term is considered condescending and Dalit is preferred.

Iddat: Islamic custom, wherein, upon the husbands death, or divorce or annulment of the marriage by some other manner, the woman has to remain confined in one house for a specified period of time. In case of divorce, she has to observe iddat till she has three consecutive menstrual periods, or if she is pregnant, until the child is born.

Janwadi Mahila Samiti: Democratic Womens Organisation, attached to the Communist Party of India (Marxist).

Kali: Hindu goddess, known for her role as destructor of evil, a non-benign form of Goddess Parvati, wife of Shiva. Kali is worshipped nationally, but especially in Eastern India, and has also been used as a feminist icon.

Khanawali: Literally, provider of food, used by women cooking commercially for working class men.

Kshatriya: Person belonging to the warrior caste, derived from kshatra, meaning dominion, power, government.

Latni: Rolling pin.

Lok Sabha: Literally House of the People; similar in composition to the House of Commons in the UK, therefore made up of elected representatives from all over the country.

Mahila Atmaraksha Samiti: Womens Self Defence Organisation.

Mangalsutra: Literally auspicious thread, it is a string of black beads worn by married Hindu women, a symbol of matrimony.

Mehr: Mehr refers to a sum of money, or property that is agreed by a husband and wife at the point of marriage, payable to the woman at any agreed point during the marriage. If the marriage breaks down due to desertion, divorce or death, the husband is liable to pay the wife the agreed mehr.

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