Skip to main content Accessibility help
×
Hostname: page-component-69cd664f8f-vwfj8 Total loading time: 0 Render date: 2025-03-12T10:58:19.717Z Has data issue: false hasContentIssue false

Preface

Published online by Cambridge University Press:  28 February 2025

Janaki Nair
Affiliation:
Jawaharlal Nehru University
HTML view is not available for this content. However, as you have access to this content, a full PDF is available via the 'Save PDF' action button.

Summary

Nothing short of a tectonic shift in feminist legal studies has occurred in the two decades since Women and Law in Colonial India was published in 1996. Where I had, at the end of the introduction to the original edition, lamented that a significant body of legal historical scholarship was yet to take shape, the intervening period has seen the emergence of a very sophisticated set of historical investigations which have uncovered not only new kinds of archives, but suggested innovative ways of interpreting old ones. In part, the scholarship has paralleled the extraordinary visibility of legal institutions and questions of law in determining the contours of gender justice and gender relations more generally. The new scholarship has had the effect of challenging some of the assumptions of the earlier edition, refining many of its enquiries and adding to the insights that it drew on.

The new historical investigations have been prompted in part by developments in three interlocking spheres: first, the concerns, disappointments and engagements of contemporary Indian feminism with the domain of law reform, including emerging disagreements between feminists themselves on the wisdom of expanding the domain of state law into greater areas of women's social lives, and possible alternatives that can be explored, given the limits of due processes; second, an increased legal literacy in Indian society more generally, including perverse and wilful use of the legal system as a weapon, and not always as an instrument of change; and, third, a broader set of political transformations that have made feminist understandings of women and law available to jurisprudential practice and to political readings of the place of law in matters of right versus faith, family versus individual, community versus women's rights, and so on. These are at times aligned with, while at others they remain disjunct from, feminist law reform and legal strategy.

In classrooms and seminars, streets and courtrooms alike, in two of India's most tumultuous decades, the relationship between women and the law has been critiqued, redefined, redrawn and generally productively recharged. The massive public participation in the redrafting of the Criminal Law (Amendment) Act of 2013, following national public outrage at the ‘Nirbhaya’ rape of 16 December 2012, renewed memories of the incredible optimism about law and its transformatory capacity in the 1983 amendments to the rape law.

Type
Chapter
Information
Women and Colonial Law
A Feminist Social History
, pp. xi - xiv
Publisher: Cambridge University Press
Print publication year: 2025
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Preface
  • Janaki Nair, Jawaharlal Nehru University
  • Book: Women and Colonial Law
  • Online publication: 28 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009596992.001
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Preface
  • Janaki Nair, Jawaharlal Nehru University
  • Book: Women and Colonial Law
  • Online publication: 28 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009596992.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Preface
  • Janaki Nair, Jawaharlal Nehru University
  • Book: Women and Colonial Law
  • Online publication: 28 February 2025
  • Chapter DOI: https://doi.org/10.1017/9781009596992.001
Available formats
×