TY - BOOK AU - Agnes, Flavia TI - Family law: : family laws and constitutional claims SN - 9780198067900 U1 - 346.015 PY - 2011/// CY - New Delhi PB - Oxford University Press KW - Domestic relations -- India KW - Women's rights -- India N1 - LAW JUSTICE, AND GENDER The Theory and Practice of Law The 'Justice Claims ofWomen Examining the Contours of Feminist Legal Theory Overview of Chapters CHAPTER 1: PERSONAL LAWS AND WOMEN'S RIGHTS An Overview of the Personal Law Regime Family Laws: Customary Usages rather than Scriptural Dictates Anglo-Saxon Jurisprudence and Ascendance of'Scriptural Law' Matrimonial Law: From the Ecclesiastical to the Civil Law Regime Search for Uniformity and Certainty: Legal Precedents and Statutory Codification 'Justice, Equity, and Good Conscience' and 'Public Morahty' From Uniformity to a Culture-specific Legal Plurality Section A: Hindu Law of Marriage and Property Origin and Development of Hindu Law 'Hindu': An Amorphous Community Scriptural Sources of Hindu Law ^ Colonial Legal Interventions A Moment of Defiance: Ihe Rukhmabai Case Social Reform Movements and Legislative Reforms Ihe Bengal Sati Regulation Act, 1829 The Hindu Widow Remarriage Act, 1856 The Age of Consent Acts of 1860 and 1891 The Child Marriage Restraint Act, 1929 Post-Independence Hindu Law Reforms The Opposition within the Congress Leadership The Political Compulsions Beneath the Reforms The Veracity of its Claim of Liberating Women The Law of Marriage and Divorce Hindu Marriage: A Sanskara and a Contract The Legal Loopholes Maintenance: Implications of Formal Equality Restitution of Conjugal Rights and the 'Lord and Master' Concept Consequences of Monogamy Constitutional Challenges On Monogamy /Restitution of Conjugal Rights The Law of Property Historical Misconceptions Stridhan Property and its Subversion Codified Law and Illusory Inheritance Rights Recent Amendments to the Hindu Succession Act Section B: Islamic Law of Marriage and Succession Origin and Development of Islamic Law Sources of Islamic Law The Shia and Sunni Schools Rights of Women under Islam: Clearing the Misconceptions Reform within Islam Evolution of Indo-Islamic Law Superior Status of Muslim Women during the pre-Independence Period "pie Law of Marriage and Divorce Nikah: A Contractual Union Mehr: An Economic Safeguard Forms of Dissolving Muslim Marriages The Mandatory Stipulation of Halala Dissolution of Muslim Marriages Act, 1939 Validity of Triple Talaq Law of Succession Section C: Christian Law of Atarriage and Succession Development of Christian Law in India Law of Marriage and Divorce ^^,^hristian Marriage: An Indissoluble Sacrament r /^volution of the Concept of Divorce Discriminatory Grounds of Divorce Non-recognition of Divorce by Mutual Consent The Process of Reform Law of Succession \ Section D: Parsi Law ofMarriage and Succession The Parsi Community in India Law ofMarriage and Succession Development ofLaw Salient Features of the Codified Law Judicial Pronouncements: 'Parsi' not a Religion but a Race A Wave of Reforms during the 1930s Reforms during the 1980s Section E *: Jewish Law ofMarriage and Divorce Jewish Community in India Jews from Coastal Kerala Jews, from the Bombay Region The Jewish Community in North East Origins and Development of Jewish Law Jewish Law ofMarriage and Divorce Judicial Interpretations of the Jewish Law Section F: Civil Law ofMarriage and Divorce Section G: Validity of Customary Laws Customary Law and Women's Rights Customary Law Versus Textual Law 'Custom' Under Codified Hindu Law and the Constitution Inheritance Rights Under Tribal Customs Conclusion CHAPTER 2: CONSTITUTIONAL LAW AND CITIZENSHIP CLAIMS Section A: Locating Women's Claims within the Constitutional Domain Contextualising the Indian Constitution Indian Constitution: A Covenant of Social and Economic Justice Constitutionalism and the Power of Judicial Review Women's Entry into the Public Domain History ofWomen's Education in India From Basic Literacy to Professional Education Women's Associations and Political Participation A.IW.C.: Educational Reforms to Political Participation Women's Claims and Constitutional Provisions The Preamble Part HI: Fundamental Rights n i. RighttoEquality: Articles 14-16 ii. Special/Favourable Treatment: Article 15 (3) iii. Equality of Opportunity and Special Protection in Matters Relating to Employment: Article 16 iv. Right to Life and Liberty: Article 21 V. Right against TrafEcking or Forced Labour: Article 23 Part IV: Directive Principles of State Policy Judicial Interpretations of Constitutional Provisions Discrimination in Employment and Service Conditions Positive Discrimination in Favour of Women Paternahstic Approach to the Offence of Adultery Right to Life Includes Right to Privacy and Dignity Provisions to Secure Social and Economic Advancement ofWomen Reservations for Women in Local Bodies: 73rd-74th Amendment Sexual Harassment ofWomen at Workplace: The Vishaka Guidelines Constitutional Validity of Personal Laws Section B: Uniform Civil Code: Contesting Claims and Communal Hues Minority Claims within a NationaUst Agenda Erosion of Secular Values Hindu Law Reforms Special Marriage Act, 1954 The Adoption BiU Communally Tinted Judicial Pronouncements The Shah Bano Controversy Invalidating Triple Talaq The Supreme Court Ruling in the Case of Hindu Bigamy Sensational and Communalised Media Reportage Inn„„Uve Judicial h,ecp„,„i„„ „f Mudim Women's Ac, MnsUmWomenmd Dominant Ideologies Section C: Attempts at Formulating the UCC The Civil Code of Goa Model Drafts and Legal Doctrines Drafts by Legal Scholars A Critique of the Proposed Drafts Recommendations by Women's Organizations Recommendations by Vimochana and Lawyers Collective (1988) Recommendations by the All India Democratic Women's Association (AIDWA) (1995) Official Drafts and Parbamentary Trends Bill Formulated by the National Commission for Women (1994) Private Member's Bill (1994) Sabent Points Emerging from the Model Drafts \ ER -