This book provides deep insights into the wide-ranging issues linked to gender, law, and social transformation in India. It focuses on women-centered laws as well as the violence of unequal and discriminatory social order. It emphasizes violence and the neutrality of laws that sustain the status quo and perpetuate the stereotypical notions related to women’s condition. Based on the first-hand experience of laws and their nuanced understanding, the essays highlight the rules associated with the private and the public domains. The chapters in the volume analyze various statutes and their enactment related to domestic violence, dowry crimes, sexual abuse at home as well as sexual harassment at the workplace, child marriages, education, property rights, trafficking, prostitution, ‘honor’ killings, and armed conflict. The book is essential to the academics and researchers in the disciplines of social sciences, gender studies, law, and the government and policy-makers for making meaningful interventions.
Author(s): Ajailiu Niumai, Abha Chauhan
Publisher: Springer
Year: 2022
Language: English
Pages: 276
City: Singapore
Foreword
Contents
About the Editors
Introduction
References
Human Trafficking, Prostitution and Child Trafficking
State, Law, and Prevention of Child Marriage and Child Trafficking
State, Law, and Gender Reforms in India
Laws to Prevent Child Marriage and Human Trafficking in India
Magnitude of Child Marriage and Child Trafficking
Intervention by the State of West Bengal
Preventing Child Marriage: Kanyashree and Other Schemes
Preventing Child Trafficking: Swayangsiddha
Conclusion
References
Current Trends in Human Trafficking, Modus Operandi, and Law in India
Introduction
Methodology
Modus Operandi of the Traffickers
Trafficking in the Times of COVID-19
Why Do We Need Laws to Tackle Human Trafficking?
Indian Penal Code 1860
The Immoral Traffic (Prevention) Act, 1956
The Trafficking of Persons (Prevention, Protection, and Rehabilitation) Bill, 2018
The Trafficking in Persons (Prevention, Care, and Rehabilitation) Bill, 2021
Additional Laws and the Constitution of India
The Preventive Measures
Conclusion
References
Human Trafficking, Prostitution, and the Law
Preamble
Definition and History
Human Trafficking and Human Rights
Causes of Human Trafficking
Purpose of Trafficking in Women
Prostitution, Sex Work, and Trafficking
Human Trafficking and the Law
The Constitution of India
Immoral Traffic (Prevention) Act, 1956
Political and Legal Debates
Live-In Relationship
Same-Sex Marriage
The Indian Penal Code, 1860
The Bonded Labour (System) Abolition Act, 1976
Steps Taken by the Ministry of Women and Child Development
Conclusion
References
Circumscribed Health: Whacked Body’s Struggle for Right
Introduction
Governmentality of Labour of Reproductive Organ: Theorizing Relationship Between Sex Work and Neoliberal State
HIV/AIDS/STDS Epidemic: Fear Transformed into New Identity and Feminist Response
Agency of Subjectivity: Politics of Choice and Prerogative
Methods of Study: Field as Text and Search of Potential Site for Textual Analysis
Formation of Agency: Development of the Concept of Flying
Malkins and Pimps: Counter Agency
Health Problems of Sex Workers and Their Negotiation with Disease and Illness
Role of Malkins and Pimps in Deciding Health Condition of Migrant Sex Workers
Role of Government, Urban Body, and NGO Toward Health of Work Place: Legal Domination of the Space
Government’s Initiative to Protect “Health”
Conclusion: False Consciousness, Value and Sisterhood
References
Sexual Harassment and Related Criminal Acts
Section 498A of Indian Penal Code: A Legal Instrument for Social Change
Introduction
Objects and Reasons for Inclusion of S. 498A in IPC
Conclusion
References
Sexual Violence Against Girl Child: A Conspiracy of Social and Legislative Laws
Introduction
Incest and Sexual Violence Against Girl Child
The Laws
Protection of Children from Sexual Offences Act (POCSO), 2012
Conclusion
References
Practicability of the Practice of Anti-Sexual Harassment Law: A Feminist Analysis of Jurisprudential Crisis of the Indian Legal System
Introduction
History of Indian Jurisprudence: Tracing the Colonial Footprint
A Brief Trajectory of IWM’s Engagement with Law: Precursors to PoSH Law
Existential Crisis of PoSH Law: The Theory–Practice Spiral
The First-Of-Its-Kind: AK Ganguly Case, 2012
The Swatenter Kumar Case, 2014
The Ranjan Gogoi Case, 2019
Dr. P. S. Malik Versus High Court of Delhi, 2016
Conclusion
References
Beyond the Stories of Elopement: Understanding ‘Honour’ Crimes in India
Introduction
Women and Notion of Honour in the Indian Legal System
Haryana and Punjab as Two Sites to Study ‘Honour’ Crimes in India
Observations from the Field
Responses of the People Working at the Ground
‘Honour’, Custody, and the Legal Lacunae: Conclusion
Marriage, Reproduction, and Control
The Legal Snake and Ladder
References
Domestic Violence Against Women
Domestic Violence Against Women: Law and Practice in India
Introduction
Incidence of Domestic Violence
Causes of Domestic Violence
Consequences of Domestic Violence
International Attempts to Eradicate Violence Against Women
Constitutional Provisions for the Welfare of Women in India
Domestic Violence in Criminal Law
Domestic Violence in Civil Law
The Protection of Women from Domestic Violence Act, 2005
Conclusion
References
Of Negotiations and Reframing: Law’s Response to Domestic Violence in Assam
Introduction
Domestic Violence
Domestic Violence in Assam
Nature and Forms of Domestic Violence
Legal Spaces, Women in Waiting, and Intersectionality
Parochial Constructions of Domestic Violence
‘Saving’ Marriage and Family
Accusation of Misuse of Law and Feminisation of Domestic Violence
Conclusion
References
Domestic Violence Against Women in Rural Areas of Jammu District: An Analysis
Introduction
Understanding the Concept of Domestic Violence
Conceptual Explanation of Domestic Violence
Reasons of Domestic Violence
Consequences of Domestic Violence Against Women
Conclusion
References
Gender and Legal Rights
Gender, Law, and Rights of Permanent Residents in Jammu and Kashmir: From the Lens of Article 370 and Beyond
Introduction
Permanent Resident Laws in J&K: Historicity of the Events
Gender and Permanent Resident Status in Jammu and Kashmir
Discriminatory Judgements by the J&K High Court Against Women of the State
J&K High Court 2002 Judgement
Jammu and Kashmir Permanent Resident (Disqualification) Bill: 2004
Abridging Article 370 and Its Implications
References
Can Farmers Management of Irrigation Systems Act Unfasten Agrarian Gender Order? Some Evidences from Tamil Nadu
Background
Disinterring Gender Order in Participatory Institutions
Methodology
Gender Assessment of Tamil Nadu Farmers’ Management of Irrigation Systems Act
Gender Order in the Membership of Water User Associations
Participatory Exclusion of Women from Water User Associations
Gender Order in Leadership in Participatory Irrigation Management
Edifice of Gender Order in Participatory Irrigation Management
Conclusion
References
From Contraception to Assisted Conception: A History of Women’s Movement for Reproductive Health Rights in India
The Colonial Period: Early Feminism and Birth Control
Postindependence Second Wave: Family Planning Versus Reproductive Health
Indian Women’s Movement for Reproductive Health Rights
Feminism and Assisted Reproductive Technologies
Conclusion
References
Gender Disparity and Education of Muslim Girls in India: Societal and Legal Issues
Introduction
Status of Muslim Women in India
Meaning of Education in Islam
Education and Gender Equality in Islam
Educational Development of Muslim Girls in India
Specific Safeguards for Religious Minorities in India
Way Forward for Muslim Girl’s Education
Conclusion
References
Author Index
Subject Index
