Contents
Preface
Acknowledgements
List of Abbreviations
Introduction 1
Constitutionalism and the Feminist Subject
Feminist Critiques of Law as Strategy
The Public-Private Dichotomy
The Body and Law
1 Rights: Putting History Back In 26
The Emergence of Rights
Critiques of Rights
Morality as the Basis of Rights
Legal Discourse and the Fixing of Meaning
The Sameness- versus-Difference Debate in Feminist Legal Theory
2 Abortion: When Pro-Choice is Anti-Women 66
The Abortion Question in Feminist Politics
Abortion and the Indian Women's Movement
The Medical Termination of Pregnancy Act
The Campaign against Sex Determination Tests: Political Contradictions The Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act (1994)
The Right to Abortion in India's Legal Discourse: Reproductive
Autonomy Versus Population Control
Abortion, Femicide of Foetuses and Feminist Ethics
3 Sexual Violence: Escaping the Body 106
Rape/Sexual Assault: Defining Rape: The Legal Discourse! Defining Rape: Feminist Discourse
Law as the Primary
Legitimating Discourse
Sexual Violence and the Binary Logic of Law Consent and the Age Factor
The Reinstatement of Dominant Norms through Discourse on Rape
Rape and Rights- Talk
The Draft Sexual Assault Law Reforms (India) 2000
Deconstructing 'Sexuality'
Sexual Harassment in the Workplace
Conclusion
4 Reservations for Women: 'Am I That Name'? 166
Historical Background: Gender and Caste since the 1980s
Is the WRB Only About 'Women'?
Feminism and Citizenship
The Movement for Parity in France
Representation : The Identity-or-Ideology Dichotomy
Conclusion
5 Recovering Subversion 204
Law and Justice Democracy and Radical Politics
Civil Society versus Political Society
The Institutionalisation of Feminism
Human Rights and international Norms
Breaking through Universalism and Particularity
If There is No 'Woman' Then Who is the Subject of Feminist Politics?
Towards a Radical Democratic Politics
Bibliography 246
Index 265