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Mutinies for Equality
Contemporary Developments in Law and Gender in India

$110.00 ( ) USD

Tanja Herklotz, Siddharth Peter de Souza, Krithika Ashok, Medha Srivastava-Kehrer, Jayna Kothari, Katharina Wommelsdorff, Fritzi-Marie Titzmann, Saumya Saxena, Sameena Dalwai, Mandira Kala, Jason Keith Fernandes, Sourav Mandal, Saptarshi Manda, Kalindi Kokal, Poornima Hatti, Aparna Ravi
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  • Date Published: July 2021
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781009003742

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About the Authors
  • Mutinies for Equality studies recent transformations in the area of law and gender in modern India. It tackles legal and social developments with regard to family life, sexuality, motherhood, surrogacy, erotic labour, sexual harassment in the workplace and violence against women, among others. It analyses reform efforts towards women's rights and LGBTIQ rights and attempts to situate where a reform has taken place, by whom it was brought about, and what impact it has had on society. It engages with protagonists who shape the debate around law and gender and locates their efforts into a socio-political context, thereby showing that the discourses around law and gender are closely connected to broader debates around legal pluralism, secularism and religion, identity, culture, nationalism, and family. The book offers compelling evidence that the drivers of change are emerging from beyond the traditional institutions of courts and parliament, and that to understand the everyday implications of legal reforms, it is important to look beyond these institutional sources.

    • interdisciplinary work looking at legal change through the lenses of law, sociology, anthropology, political sciences and gender studies
    • studies a wide range of topics related to women's and LGBTIQ rights
    • speaks to scholars and readers with a variety of different backgrounds and does not expect readers to be familiar with legal details
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    Product details

    • Date Published: July 2021
    • format: Adobe eBook Reader
    • isbn: 9781009003742
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    Acknowledgements
    Introduction Tanja Herklotz and Siddharth Peter de Souza
    Part I. Systems of Inequality:
    1. Family matters, gender matters: courts on the rule against restraints on alienation Krithika Ashok
    2. Missing women in the Indian judiciary: the inadequacies of the judicial appointment process Siddharth Peter de Souza and Medha Srivastava-Kehrer
    3. Is the Supreme Court cherry-picking its gender battles? Jayna Kothari
    4. Juxtaposing equality?: Muslim women's rights in the normative realm of secularism and personal law in India Katharina Wommelsdorff
    5. Is sexuality anti-Indian?: Reflections on obscenity in contemporary Indian popular discourse Fritzi-Marie Titzmann
    Part II. Battles for Equality:
    6. Armed with the Constitution: feminist litigation on Indian family law Tanja Herklotz
    7. Nikah Halala: The petition, the promise and the politics of personal law Saumya Saxena
    8. The politics of erotic labour: a case study of Mumbai bar dancers Sameena Dalwai
    9. Reactionary executive versus deliberative legislature: the case of how the legislature championed compensation for reproductive labour while regulating surrogacy Mandira Kala
    10. Interrogating the freedoms of queer liberation in India Jason Keith Fernandes
    Part III. Realising Equality:
    11. The politics of regulating adult sexuality through the institution of marriage: reflections on queer experiences from India Sourav Mandal
    12. Conditions of possibility: law, patriarchy and single motherhood in India Saptarshi Mandal
    13. Turning to the state: between processing disputes and protecting autonomy Kalindi Kokal
    14. Towards an egalitarian workplace: developments in anti-sexual harassment law Poornima Hatti and Aparna Ravi
    About the contributors
    Index.

  • Editors

    Tanja Herklotz, Humboldt-Universität zu Berlin
    Tanja Herklotz, is a postdoctoral researcher at the Chair for Public and Comparative Law at Humboldt-University of Berlin and the principal investigator of two Indo-European research projects on legal cultures and transformative constitutionalism that are funded by the DAAD. She has been a visiting researcher at the University of Warwick, the Center for the Study of Law and Society at Berkeley Law and the Centre of Law and Society at Cardiff University. Her research interests and areas of publication include comparative constitutional law with a particular focus on the Global South, law and gender, legal pluralism and religion-based law, and law and social movements. In her PhD project entitled 'Streets and Courtrooms: Feminist Legal Activism in India' (pursued at Humboldt-University of Berlin), she assessed the impact of the Indian women's rights movement on legislation and case law.

    Siddharth Peter de Souza, Tilburg University, The Netherlands
    Siddharth Peter de Souza is a Post Doctoral Researcher at the Department of Law, Technology Markets and Society, Tilburg University and works at the intersection of data and society. He was previously a researcher at the Chair of Public Law and Comparative Law, Humboldt University. He has an LL.M. from the University of Cambridge and was a German Chancellor Fellow at the Max Planck Foundation for International Peace and Rule of Law, Heidelberg. Siddharth is also the founder of Justice Adda, a law and design social venture and a researcher with the FemLab.Co project. Siddharth has edited two books, Crowdsourcing, Constructing and Collaborating: Methods and Social Impacts of Mapping with World Today with Nida Rehman and Saba Sharma (2020) and Technology, Innovation and Access to Justice: Dialogues on the Future of Law with Maximilian Spohr (2021).

    Contributors

    Tanja Herklotz, Siddharth Peter de Souza, Krithika Ashok, Medha Srivastava-Kehrer, Jayna Kothari, Katharina Wommelsdorff, Fritzi-Marie Titzmann, Saumya Saxena, Sameena Dalwai, Mandira Kala, Jason Keith Fernandes, Sourav Mandal, Saptarshi Manda, Kalindi Kokal, Poornima Hatti, Aparna Ravi

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