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Adjudication in Public and Private:
Women's Struggles and Agency in State and Non State Legal
Arenas |
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| Abstract | Word Stems | Keywords | Association | Citation | Get this Document | Similar Titles |
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Abstract:
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The paper examines
state-community negotiations at the interface of family laws,i.e., laws
governing areas such as marriage, divorce, maintenance, custody, and
inheritance, and assesses its impact on women's rights within the
family in India. The paper also focuses on women's agency in
challenging patriarchy in state-run as well as community-governed legal
institutions. The paper highlights how women's knowledge of legal
rules, insights into intra-community factionalism,and understanding of
working of both formal courts and caste councils inform their choice of
legal forums and shape their legal strategies.
State formation and consolidation in the Indian context has required
creating unified citizenry by shifting particularistic attachments of
heterogeneous groups to the state.Uniform laws are seen as tools to
this end.However, religious and cultural communities have sought to
maintain their autonomy in regulating family laws. As a result, at
different junctures in state formation, states and communities have
been locked in contests and negotiations over the content of family
laws and the nature of legal authority. Since women are viewed as
markers of community identities, women's rights have been the focal
points of these debates. The Indian state's accommodative arrangement
vis a vis the Hindu community has been to recognise both state courts
and caste councils as legitimate adjudicative bodies in matters of
marriage and divorce.
Teh paper compares micro-politics of adjudication in state courts and
organised caste councils in the city of Mumbai in Western India. Based
on interviews with women litigants, officiating members of caste
councils and other judicial actors, the paper discusses advantages and
disadvantages of legal pluralism on women's rights in family laws. The
paper also shows how women are able to strategically select and juggle
their identities as citizens and group members in order to secure
rights in legal forums. |
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Association:
Name: The Midwest Political Science Association
URL: http://www.indiana.edu/~mpsa/
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Citation:
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MLA Citation:
| Solanki, Gopika. "Adjudication in Public and Private:
Women's Struggles and Agency in State and Non State Legal
Arenas" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois, Apr 15, 2004 <Not Available>. 2008-10-10 <http://www.allacademic.com/meta/p82688_index.html> |
APA Citation:
| Solanki, G. S. , 2004-04-15 "Adjudication in Public and Private:
Women's Struggles and Agency in State and Non State Legal
Arenas" Paper presented at the annual meeting of the The Midwest Political Science Association, Palmer House Hilton, Chicago, Illinois <Not Available>. 2008-10-10 from http://www.allacademic.com/meta/p82688_index.html |
Publication Type: Conference Paper/Unpublished Manuscript
Review Method: Peer Reviewed
Abstract: The paper examines
state-community negotiations at the interface of family laws,i.e., laws
governing areas such as marriage, divorce, maintenance, custody, and
inheritance, and assesses its impact on women's rights within the
family in India. The paper also focuses on women's agency in
challenging patriarchy in state-run as well as community-governed legal
institutions. The paper highlights how women's knowledge of legal
rules, insights into intra-community factionalism,and understanding of
working of both formal courts and caste councils inform their choice of
legal forums and shape their legal strategies.
State formation and consolidation in the Indian context has required
creating unified citizenry by shifting particularistic attachments of
heterogeneous groups to the state.Uniform laws are seen as tools to
this end.However, religious and cultural communities have sought to
maintain their autonomy in regulating family laws. As a result, at
different junctures in state formation, states and communities have
been locked in contests and negotiations over the content of family
laws and the nature of legal authority. Since women are viewed as
markers of community identities, women's rights have been the focal
points of these debates. The Indian state's accommodative arrangement
vis a vis the Hindu community has been to recognise both state courts
and caste councils as legitimate adjudicative bodies in matters of
marriage and divorce.
Teh paper compares micro-politics of adjudication in state courts and
organised caste councils in the city of Mumbai in Western India. Based
on interviews with women litigants, officiating members of caste
councils and other judicial actors, the paper discusses advantages and
disadvantages of legal pluralism on women's rights in family laws. The
paper also shows how women are able to strategically select and juggle
their identities as citizens and group members in order to secure
rights in legal forums. |
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