[HOME] [BOOKS]
[ORDERING] [JOURNALS]
[ABSTRACTS] [LINKS]
[SPECIAL OFFERS]
S. Rahman, Review of R. Kapoor and B. Cossman, Subversive
Sites. Feminist Engagements with Law in India, New Delhi: Sage (Feminist
Legal Studies V1/1 (1998), 140-141)
This book has been written by two extremely distinguished
women's rights activists - Ratna Kapoor, a lawyer and co-director of
the Centre for Feminist Legal Research in New Delhi and Brenda Cossman,
Associate Professor of Law at Osgoode Hall Law School, York University,
Canada and Director of the Institute for Feminist Legal Studies. The Book
itself is a necessary document for the understanding of the relationship
between women and the law in India today.
The book emphasizes the status of Hindu women in India
under the pressures of an increasingly stifling Hindu Right and how the
law has been historically supporting patriarchal norms and relationships
which have shaped the Indian family into what it is today. It explores "the
extent to which assumptions about women's identities as wives and mothers
limit the promise of legal equality" and "alternative strategies
for using law as a subversive site in feminist struggles that can better
capture the complex role of law in social change". The book also discusses
constitutional provisions, as contained in the Indian constitution, in the
light of existing Hindu Family laws, equality and gender discrimination.
Kapoor and Cossman also discuss the debates on such subjects
as equality, political agendas, and affirmative action in relation to the
socio-legal status of women in India and how women can use the law to challenge
the present patriarchal, traditional norms and alter their status in society
for the better. Their object is to attempt to focus on the relationship
between familial ideology and equality rights and to highlight the complex
and ambiguous ways in which the law strengthens the idea of women's inferiority
and insubordination - their main argument being that the family is
one of the major sites of a woman's oppression. Included in the list of
inter-family oppression are division of labour, discriminatory family laws
and cultural norms and familial ideology. Their discussion is based around
two different sets of ideologies: "moral regulation through which women
are constituted as, and judged in accordance with the standards of loyal
wives and self - sacrificing wives; and economic regulations through
which women are constituted as economically dependent" (p.15).
The book boldly berates the activities of the communal
and conservative sections of society and the Hindu Right - the contemporary
political movement in India, which includes the central organizations and
movements of Hindus communalism, the Bharatiya Janata Party (BJP), the Rashtra
Swayamsevak Sangh (RSS) and the Vishva Hindu Parishad (VHP) - and their
involvement in attempting to use the law to "promote its normative
vision of the world" and complicating the role that law can play in
the emancipation of women by changing the legal terrain. Kapoor and Cossman
explore the ways in which the fanatic Hindu Right has appropriated legal
issues concerning women - such as violence against women, the reform
of discriminatory personal laws - and how the human concepts of equality
and secularism have been taken up and re-defined by them to further their
extremist views. According to the authors, "Equality and secularism -
concepts central to India's democratic tradition - have become powerful
weapons in the Hindu Right's attack on minority rights" (p.233).
In all, the extremely enlightening and engaging discourse
contained in "Subversive Sites" is a necessary movement towards
understanding the position of women and the law in India today and what
can be done by women in order to challenge the legal system and those who
are so intent on corrupting the legal machinery in order to further suppress
the women of India. The book not only exposes the limits of the law, but
also explores the possibilities for creating social change in the status
of women.
Salra Rahman
University of Kent at Canterbury
[HOME] [BOOKS]
[ORDERING] [JOURNALS]
[ABSTRACTS] [LINKS]
[SPECIAL OFFERS]