Hostname: page-component-848d4c4894-r5zm4 Total loading time: 0 Render date: 2024-06-19T10:29:13.419Z Has data issue: false hasContentIssue false
  • English
  • Français

The Acts and Facts of Women’s Autonomy in India

Published online by Cambridge University Press:  28 February 2024

Paula Banerjee
Paula Banerjee*
Affiliation:
Department of South and Southeast Asian Studies, University of Calcutta and Calcutta Research Group
Get access Rights & Permissions [Opens in a new window]

Abstract

This paper addresses questions of women's autonomy in India and analyses its location within the legal discourse. The women's movement has primarily tried to analyse questions of women's autonomy through exploring women's position in law. Among other indicators, women's position in society is often analysed through marriage, divorce and property acts. This paper analyses the evolution of these acts and critiques whether they have led to women's autonomy or merely subsumed questions of autonomy resulting in further marginalization of women in the polity. The paper begins with the assumption that locations matter and that laws affect different women differently, particularly in the context of India where civil law is constantly pitted against personal and customary law. To understand the situation of women in India, therefore, an understanding of the evolution of laws seems necessary, because laws are considered to be primary markers of autonomy.

Type
Research Article
Information
Diogenes , Volume 53 , Issue 4 , November 2006 , pp. 85 - 101
Copyright
Copyright © ICPHS 2006

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Agnes, Flavia (2004) A Study of Family Courts in West Bengal, a report published by the West Bengal Women’s Commission.Google Scholar
Ahmad, Naziruddin (1948a) Constituent Assembly Debates, vol. vii, 9 April 1948.Google Scholar
Ahmad, Naziruddin (1948b) Constituent Assembly Debates, vol. vii, 22 November 1948.Google Scholar
Ahmed, Abida (1984) Code of Criminal Procedure (Amendment) Bill. Lok Sabha Debates, 9 August 1984.Google Scholar
Ambedkar, B. R. (1948) Constituent Assembly Debates, vol. vii, 9 April 1948.Google Scholar
Ansari, Iqbal (1999) ‘The Politics of Constitution Making in India’, in Sheth, and Mahajan, (eds), Minority Identities and the Nation-State. New Delhi: Oxford University Press.Google Scholar
Ayyangar, M. Ananthasayanam (1939) ‘Resolution Regarding Position of Women Under the Existing Laws’, Legislative Assembly Debates, 12 April 1939.Google Scholar
Banerjee, Paula (1998) ‘Refugee Repatriation: A Politics of Gender’, Refugee Watch 1 (January).Google Scholar
Bhutalia, Urvashi (1998) The Other Side of Silence: Voices from the Partition of India. New Delhi: Penguin.Google Scholar
Desai, Bhulabhai (1939) ‘Resolution Regarding Position of Women Under the Existing Laws’, Legislative Assembly Debates, 12 April 1939.Google Scholar
Hasan, Zoya (2001) ‘Gender Politics, Legal Reform, and the Muslim Community in India’, in Jeffery, P. and Basu, A. (eds), Resisting the Sacred and the Secular: Women’s Activism and Politicized Religion in South Asia. New Delhi: Kali for Women.Google Scholar
Hazarike, Sujata Dutta (2005) ‘Feminism as a Resource for Autonomy’, paper presented at the conference on What is Autonomy, Calcutta, 29 July.Google Scholar
‘Hindu Code’ (1948) Constituent Assembly Debates, vol. vii, 9 April 1948. The Hindu Succession Act, 1956 (Act No. 30 of 1956) [as on 1 June 1982] Section 10, Rules 1 and 2, p. 5–5. New Delhi: Government of India.Google Scholar
Jayal, Niraja Gopal (1999) Democracy and the State: Welfare, Secularism and Development in Contemporary India. New Delhi: Oxford University Press.Google Scholar
Kapur, Ratna and Cossman, Brenda (1996) Subversive Sites: Feminist Engagements with Law in India. New Delhi: SAGE Publications.Google Scholar
Kishwar, Madhu (1999) Off the Beaten Track. New Delhi: Oxford University Press.Google Scholar
Lok Sabha Debates (1986) Fifth Session, Eight Lok Sabha, vol. J, xvii. New Delhi: Government of India.Google Scholar
Mahanta, Aparna (1994) ‘The Indian State and Patriarchy’, in Sathyamurthy, T. V. (ed.), State and Nation in the Context of Social Change. New Delhi: Oxford University Press.Google Scholar
Mehta, Hansa (1948) Constituent Assembly Debates, vol. vii, 9 April 1948.Google Scholar
Menon, Ritu and Bhasin, Kamla (1993) ‘Abducted Women, the State and Questions of Honour’, Gender Relations Project Paper 1. Canberra.Google Scholar
Menon, Ritu and Bhasin, Kamla (1998) Borders and Boundaries: Women in India’s Partition. New Delhi: Kali for Women.Google Scholar
Mollah, Hannah (1985) ‘Progress of Indian Women in Social, Educational, Political and Economic Fields in the International Women’s Decade’, Lok Sabha Debates, 24 April 1985.Google Scholar
Mukherjee, Geeta (1985) ‘Progress of Indian Women in Social, Educational, Political and Economic Fields in the International Women’s Decade’, Lok Sabha Debates, 24 April 1985.Google Scholar
Owaisi, Abdulwahed (1985) Lok Sabha Debates, 23 August 1985.Google Scholar
Pathak, Zakia and Rajan, Rajeswari Sunder (1992) ‘Shah Bano’, in Butler, Judith and Scott, Joan W. (eds), Feminists Theorize the Political. New York/London: Routledge.Google Scholar
Patnaik, Jayanti (1985) ‘Progress of Indian Women in Social, Educational, Political and Economic Fields in the International Women’s Decade’, Lok Sabha Debates, 24 April 1985.Google Scholar
Pettman, Jan Jindy (1996) ‘Boundary Politics: Women, Nationalism and Danger’, in Maynard, M. and Purvis, J. (eds), New Frontiers in Women’s Studies: Knowledge, Identity and Nationalism. London: Taylor & Francis.Google Scholar
Rameshwari Nehru Papers, Speeches and Writings, Sub. File no. 25, Nehru Memorial Museum and Library (NMML), Delhi.Google Scholar
Consul, S. C. (1962) Citizenship Act, 1955, The Law of Foreigners, Citizenship and Passport. Allahabad: Law Publishers.Google Scholar
Sharief, Jafar (1985) Lok Sabha Debates, 19 November 1985.Google Scholar
Sinha, Kishori (1985) ‘Progress of Indian Women in Social, Educational, Political and Economic Fields in the International Women’s Decade’, Lok Sabha Debates, 24 April 1985.Google Scholar
Sitaramayya, Pattabhi (1948) Constituent Assembly Debates, vol. vii, 9 April 1948.Google Scholar
Tharu, S. and Lalita, K. (eds) (1991) Women Writing in India: 600 BC to the Present, vol. 1. New Delhi: Oxford University Press.Google Scholar
Tyagi, Mahavir (1948) Constituent Assembly Debates, vol. vii, 22 November 1948.Google Scholar
Yuval-Davis, Nira and Anthias, Floya (eds) (1989) Woman-Nation-State. London: Macmillan.CrossRefGoogle Scholar