Author: Arundhuti Roy Choudhury
Publisher: Indian Social Institute
Year: 1998
Language: English
Pages: 91
ISBN/UPC (if available): 8187218010
Description
This study traces historically the debate on uniform Civil Code and explores the complicated relationship between community, patriarchy, the state and gender justice.
It examines and questions the attempt to locate Indian women as a homogeneous category and the community as a monolithic entity. Further, while emphasizing the need for Uniform Civil Code, the monograph argues that there cannot be any top heavy uniform prescription. Instead the code should be framed through a democratic process involving the masses so it leads to not just another set of gender just laws but a meaningful social transformation.
Contents
Acknowledgements
INTRODUCTION
The Problem
The Debate: A Critique
An Alternative Proposition
CHAPTER 1
SOME PERSPECTIVES ON GENDER RIGHTS
Communalism and Contemporary Women's Movement
The Gendered Discourse of Hindutva
Community Identity and Gender Rights
Law, State and Gender Rights
Patriarchy, Civil Society and Gender Rights
Existing Power Structure and Gender Rights
CHAPTER 2
THE CODIFICATION OF LAW AND GENDER JUSTICE
The Pre-Colonial Legal System
What happened During the Colonial Period?
Construction of Colonial Knowledge and its Impact
Whatever Happened to the Indian Woman?
Social, Legal Change and Gender Justice
The Response of Indian Intellectuals
Conclusion
THE HINDU CODE BILL, THE STATE AND GENDER JUSTICE
The Genesis of the Bill
A Case of Narrow Objectives
Indian Womanhood: A Homogeneous Category
Modernization and Unification: A Question of One Community?
Conclusion
STATE, RELIGIOUS IDENTITY AND GENDER JUSTICE
Fundamentalism and Gender Justice
Women, Community and State Intrusion
Women Disempowered
Woman: An Object of Obscurantist Reassertion
Woman, Property Rights and Community
Conclusion
THE POLITICS OF UNIFORM CIVIL CODE: THE CURRENTY DEBATE
Popular Perceptions and Uniform Civil Code
A Review of the Perceptions
Conclusion
Conclusion
Annexures
I. : Christian Marriage and Matrimonial Causes Bill 1994
II. : Laws Governing Family Matters