Legal history

Book Review;

History of doing- Radha Kumar

Book traces the growth of feminism in India since 19 century during and independence onwards
it features all major movements contains female perspective in male dominated India. It manages
to raise voice on all issues related to women and their struggle in colonial and post-colonial
India, role of women in freedom movement and raising voice against discrimination and
injustices in the form of social evils. While we only celebrate male social reformers, book help
break that common perception, it contains pictures, letters, newspaper clips, associated with texts
and chapters making it feel more authentic ,personal, genuine, making it more engaging
propelling to us read and connect with incidents more. Book written by author Radha Kumar
showcasing women’s journey and emergence of women from darkness of oblivion to finally
becoming visible breaking barriers and challenging what’s conventional traditional and become
part of massive social change. Author mentions Roop Kanwar and Shah banu case and talks
about laws on sati, dowry, rape, discrimination based on gender and unequal and inferior
treatment, which will continue to be relevant in times to come. Early 19 century could be seen as
first wave of feminism in India women raising issues like early child marriage and infant
mortality and mental health of children due to social practices that were evidently illogical and
seen as symbol of Indian ness whereas in binary opposition- foreign ,western and imperialist.
these traditional practices that were devised by Hindu upper caste male many customs and
practices invoking authority and sanction of divine and religion so that no one shall question it’s
validity made to suppress women and were challenged by feminist. Challenging the issues
relating to work resulted in positive outcome too some degree, minimum age of children working
in factories increased from 7 to 9 years. it also talks about superficial nature and duplicity of
male reformers who were willing to reform but on superficial level and opposed any
fundamental or substantive change when it comes to women rights, stating the example of M.G
Ranade a social reformer who opposed the idea of widow re marriage or inter caste marriage .
Reformers worked for education of girls and especially widow, widows were outcast and were
forced to live as destitute. Pandita Ramabai started school for widows to give them purpose but
soon fear crept in minds of many that this was an attempt to forcefully convert Hindus into
Christians. Role of government is lackluster in almost every chapter it is merely a mute
spectator or is silent on major issues; its existence is limited to interpretation and compromising
or of non-interference. It realizes that women need better work environment special provision as
they have dual obligation of office duty and household chores as author mentions in case of
Assam tea plantations, government decided to give holiday per year and health care. In chapter
titled ‘1980’ author says women used female tactics to get attention on women issues using
historical injustices as starting point and later emphasizes on the role of women activists and
feminist in social transformation, women were part of several groups , trade unions, forums and
cooperative societies.

Feminist tackled Challenges within Hindu community, religion and caste divided India and
challenge with the west ideology. West philosophy Vs Indian orthodoxy runs parallel throughout
the book is a recurrent theme. Fight against the elite and superiority of English and their claim
that there are fit to rule and subordinate treatment of Indians is justified.

Government speaks rarely in this book, the main hero of book - women challenging men and
supporting and fighting for rights of other. Book talks about several female movements which
are not just confined to realm of local villages, social practice and evils. women made their
presence felt in other aspects as well like literature , rehabilitation of slum and improvement of
living standards , ensuring or increasing job creation , health care, education, trade unions , mine
and factory and textile mill worker. Feminist decided to encourage environmental action and
activism in India. Feminist started campaigns for prevention of dumping drugs by foreign
company that has lost its market in homeland; it was seen as imperialist invasion in medicine
which was adversely affecting millions of Indian children, drug that was meant to heal was in
fact causing mental sickness and retardation

Women raised demands for housing, school for their children health care and min wages equal to
men. Urban feminist along with some socialist organization managed to infiltrate within the
remote and deep ends on village around India in 1983. Activist tried to make workers aware of
their rights as employee resulted in revolting against the foreign policy in India 1940. Along with
communist party tried to suppress Naxal movements. Chapter on Santhal tribe containing news
extracts on of nasals movement shed light on one of the most gruesome gory heinous atrocities
on tribal women as they were subject to all forms of pain physical sexual and mental harassment
and objectified and exploited and brutalities that were done to silence these women are one of the
darkest time in Indian history

In 1970s feminist joined journalism with advent of printing press and it popular use in India,
Bombay became the epicenter of mass production of printing press, appealed to most of educated
Indians. Feminist saw it as excellent medium to spread and raise voice and reach out to millions
and report crimes and injustice to far places. Women started joining academics, women studies
as field emerged and became popular, leading to establishment of Centre for women
development studies and research was done and new perspectives were welcomed.
Chapter-9 titled 1989 looks at role of female in elections, what was wrong with politics, feminist
making women aware and urging voters to not vote for persons with malign and tainted image
and uses open letter and news clip features shameful and disgraceful allegations supporting by
evidence and records of crimes of person who were contesting elections murders, rapist,
responsible for mass murders and unlawful citizens men who have offenders and matters
pending in court of law ,are not worthy of any more power or trust.

Chapter 11 deals with the most important and central issue of India since independence and its
revival in 19 70s and 1980s , of sati pratha , Indian’s failed to get enraged by what essentially
can be termed as murder executed through social pressure or refusal to sati would lead to life
much worse without any dignity. some Indian only opposed the act of immolation and saw
jumping onto husbands funeral pyre as noble act but voluntary and felt that she should continue
to live as widow and serve her in-laws and rest of society as slave and destitute. Some Indians
glorified this act and praised the women and called them sati saw her dharma to commit suicide
while government felt hesitant to make any laws initially as politicians and law makers were
predominantly Hindu male upper caste who would not wish to reform or break the traditional
system or upset their ideological groups were now responsible for formation of laws that would
potentially affect lives of women. We see government didn’t intervene initially, feminist agitated
by this madness led to nationwide protest particularly highlighted case of roop kunwar a young
Rajput girl drugged and burnt alive with mentally sick dead husband, lead to asking more
complex question like relation between nation and religion fundamentalism and individual rights
and communal harmony. Ideas like tradition being self-correcting and non-erroneous led to
widening the contrast between local and urban women

Chapter 12 includes- Feminist agitated about alcohol consumption, demanded ban on alcohol
use and selling of Alcohol which resulted into other problems like assault, domestic violence and
abuse and wife beating less income. Incidents happened into uttarakhand and himachal also talks
about Bhopal gas tragedy demanding relief and compensation, all female gathered and
demonstrated and joined anti-alcohol movement and gas victims’ demonstrations.
Chapter 10 deals with personal laws and how religion interferes with the dispensations of justice
most land mark case of Muslim female Shah Banu demanding alimony and her quest for
maintenance. Many argued that it violates article 15 of Indian constitution. Campaigners lobbied
to government for justice that Muslim women denied equal treatment. Feminist demand for
uniform civil code raised sec 125 CR pc and retrieval of Shah Banu case of Muslim women bill
1986 was seen as injustice and against constitution and human rights later. Shahnaz sheikh and
Mary Roy argued that all personal laws are against article 13, 14, 15 and questioned the
validity of personal laws and that this articles are for equality before law and prohibition of
discrimination and secularism and the amount of intervention of state in matter of religion is
acceptable. Also poses vital questions like ‘What is that real Indian women want?’ and
redefined the image of Indian female and soon feminist movement were seen as unnecessary
clamor and unfruitful agitation and feminist were reduced status of abuse.

Despite numerous attempts feminist failed to gather momentum since Indian society is inherently
patriarchal women did not feel motivated enough to break out of their comfort zone and also
because of fear of excommunication and loss of family or job so deeply instilled in minds they
dared not join hands with feminist groups. Moreover these feminist groups were seen as product
of west idea and felt un- Indian. This led to bifurcation and disintegration of feminist groups into
small sects like liberal, left wing and radicals and gradual withering away of groups.

By ARCHANA

MALPS

First semester