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Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom and towards non-liberal registers of freedom.
Chapter 1 Introduction -- chapter 2 New Cosmologies: Mapping the Postcolonial Feminist Legal Project -- chapter Liberal internationalism and the capabilities approach -- chapter 3 Erotic Disruptions: Legal Narratives of Culture, Sex and Nation in India -- chapter Narratives of culture, sex, nation -- chapter The Bandit Queen -- chapter Homosexuality -- chapter 4 The Tragedy of Victimisation Rhetoric: Resurrecting the 'Native' Subject in International/Postcolonial Feminist Legal Politics -- chapter Cultural essentialism -- chapter 'Death by culture' -- chapter 5 The Other Side of Universality: Cross-Border Movements and the Transnational Migrant Subject -- chapter Colonial subjects and the meaning of 'universality' -- chapter The Other in the contemporary moment -- chapter (b) Equating migration with trafficking.
With reference to South Asia.
The essays in this volume explore the relatively new field of women and law from interdisciplinary, feminist perspectives and help to develop an understanding of feminist legal studies in India. As a collection, the book offers insights about women and law as addressed by feminists from the standpoint of both legal and non-legal disciplines. Individually, the different essays explore the legal terrain through historical and cultural analyses of issues such as women’s human rights, gender discrimination, feminist legal scholarship, prostitution, conjugality and the representation of female outlaws in cinema. This varied and contextualised approach explodes the understanding of law as an objective, external, neutral truth. Instead, each writer lays open the contradictory nature of law and shows how it frequently becomes a site of political and ideological struggle.
Beyond the push in the human rights field to ensure respect for the rights of people with diverse sexual orientations and gender identities, queer legal theory provides a means to examine the structural assumptions and conceptual architecture that underpin the normative framework and operation of international law, highlighting bias and blind spots and offering fresh perspectives and practical innovations.
Since the 2005 publication of the highly acclaimed first edition of Trafficking and Prostitution Reconsidered, human trafficking has become virtually a household phrase. This new edition adds vitally important updates related to recent developments. A new introduction considers the term 'sex trafficking' and its growing use amongst feminist researchers. In a new chapter Ratna Kapur looks at changes in anti-trafficking legislation especially under the Obama administration. Jyoti Sanghera reports from her experience as a UN Human Rights commissioner and Bandana Pattanaik examines feminist participatory research on 'trafficking'. The book concludes with a list of relevant websites, organisations, and publications useful for students, researchers, and activists.
Offers a feminist analysis of the legal regulation of women in India, looking at both the limitations and possibilities of the role that law can play in women's struggles for social change. Explores the extent to which assumptions about women's identities as wives and mothers limit the promise of legal equality and discusses issues such as the moral and economic regulation of women, the impact of new economic policies, and the Hindu Right. For those involved in feminist legal studies, sociology, gender studies, law, and postcolonial theory. Annotation copyright by Book News, Inc., Portland, OR
This book brings together two of the most powerful and relevant philosophical critiques of human rights: the post-colonialist and the post-Althusserian, its balanced internal structure not just throwing these two critiques together, but actually forcing them to enter into confrontation and dialogue. The book is organised in three parts: at each end, the post-colonialist and the post-Althusserian critiques are represented by some of their main thinkers (Ratna Kapur, G. C. Spivak, Upendra Baxi; Slavoj Žižek, Jacques Rancière), while in the middle, an American intermezzo (Richard Rorty, Wendy Brown) functions as a genuine Derridian supplement: always already contaminating the purity of the t...
This collection intervenes in key areas of feminist scholarship and activism in contemporary South Asia, particularly India, Pakistan, Bangladesh, and Sri Lanka, while asking how this investigation might enrich feminist theorizing and practice globally.
Questioning the Supreme Court elision of the meaning of Hinduism with the meaning Hindutva, this book contends that Hindutva cannot be separated from its appeal to religion, nor from its assault on the legitimacy of religious minorities.