violence law and women s rights in south asia

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Violence Law And Women S Rights In South Asia

Author : Savitri Goonesekere
ISBN : 9788132103875
Genre : Social Science
File Size : 43. 25 MB
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This book, a collection of three essays, looks at the legal system's response to violence against women in South Asia. It is an overview of law and legal control in India, Pakistan and Sri Lanka. The studies show the commonalities and the differences in the three legal systems. All three countries have experienced British colonial rule and their criminal laws are derived from the British legal tradition. All three countries grappled with similar issues and problems in using law as a strategy to combat violence against women. All three faced the problem of reconciling ethnic and religious or customary legal values with international and constitutionally guaranteed rights to equality and protection from violence. In Pakistan, the official Islamisation process added new and complex dimensions to the issues of administration of criminal justice and enforcement of family law. Each study adopts a different approach in its analysis of legal control--focussed on what is considered relevant for their country. Thus, the study on Sri Lanka is a critical review of a range of legal norms and procedures, the one on India is a critique of the implementation of the justice system and the one on Pakistan focuses on the failure to protect women from violence and uses non-legal materials too in discussing legal controls. The studies in this volume clearly demonstrate that the legal system has failed to protect women against violence. There is, nevertheless, recognition of the fact that the law and effective law enforcement machineries can serve as serious deterrents to violence. The studies explore the possibility of reforming the legal systems and suggest that multi-ethnic and multi-religious societies of South Asia must accept the concept of drafting general codes that conform with international human rights norms and recognize the people's right to opt for them in the governance of family relations.

Gender Violence And The State In Asia

Author : Amy Barrow
ISBN : 9781317325925
Genre : Law
File Size : 40. 31 MB
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While gender-based violence occurs in all societies irrespective of the level of development or cultural setting, whether in conflict or peacetime, the challenges for legal responses to gender-based violence are particularly acute in Asia. This book addresses the lack of academic discourse on gender-based violence in Asia beyond domestic violence, by demonstrating that gendered violence exists within many different contexts and is perpetuated by multiple actors. Bringing together scholars, legal practitioners and human rights advocates, the book examines the intersections between gender, violence and the state in Asian contexts. It considers the role of state institutions in perpetuating and preventing violence based on gender and identity, and thus contributes to growing scholarship around due diligence standards under international law. Analyzing both physical and structural gender-based violence, it scrutinizes how such violence exists within a landscape shaped by distinct cultural norms, laws and policies, and grapples with how to practically translate international human rights standards about state responsibility into these complex domestic environments. Contributors from diverse backgrounds draw on case studies and empirical research to ground this academic scholarship in lived experiences of individuals and their communities in Asia. By bridging the divide between policy, laws and practice to offer a unique insight into both theoretical and practical responses to how gender-based violence is understood within communities and state institutions in Asian countries, this book will appeal to students and scholars of Asian studies, Gender Studies and Law.

Violence Against Women And Girls

Author : Jennifer L. Solotaroff
ISBN : 9781464801723
Genre : Social Science
File Size : 87. 41 MB
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This report documents the dynamics of violence against women in South Asia across the life cycle, from early childhood to old age. It explores the different types of violence that women may face throughout their lives, as well as the associated perpetrators (male and female), risk and protective factors for both victims and perpetrators, and interventions to address violence across all life cycle stages. The report also analyzes the societal factors that drive the primarily male — but also female — perpetrators to commit violence against women in the region. For each stage and type of violence, the report critically reviews existing research from Afghanistan, Bangladesh, Bhutan, India, Maldives, Nepal, Pakistan, and Sri Lanka, supplemented by original analysis and select literature from outside the region. Policies and programs that address violence against women and girls are analyzed in order to highlight key actors and promising interventions. Finally, the report identifies critical gaps in research, program evaluations, and interventions in order to provide strategic recommendations for policy makers, civil society, and other stakeholders working to mitigate violence against women in South Asia.

Indian Feminisms

Author : Geetanjali Gangoli
ISBN : 9781317117469
Genre : Social Science
File Size : 29. 4 MB
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Contributing to debates on feminism, this book considers the impact made by feminists in India from the 1970s. Geetanjali Gangoli analyses feminist campaigns on issues of violence and women’s rights, and debates on ways in which feminist legal debates may be limiting for women and based on exclusionary concepts such as citizenship. She addresses campaigns ranging from domestic violence, rape, pornography and son preference and sets them within a wider analysis of the position of women within the Indian state. The strengths and limitations of law reform for women are addressed as well as whether legal feminisms relating to law and women's legal rights are effective in the Indian context. The question of whether legal campaigns can make positive changes in women’s lives or whether they further legitimize oppressive state patriarchies is considered. The recasting of caste and community identities is also assessed, as well as the rise of Hindu fundamentalism and the ways in which feminists in India have combated and confronted these challenges. Indian Feminisms will interest researchers and students in the areas of feminism, law, women’s movements and social movements in India, and South Asia more generally.

Violence Against Women In South Asian Communities

Author : Ravi K. Thiara
ISBN : 9781843106708
Genre : Social Science
File Size : 77. 9 MB
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This book is powerful, challenging and inspirational, and is an important contribution to debates on the complex intersections between ethnicity, gender and inequality, as well as on human rights and violence against women.

Body Evidence

Author : Shamita Das Dasgupta
ISBN : 9780813541273
Genre : Social Science
File Size : 21. 51 MB
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When South Asians immigrated to the United States in great numbers in the 1970s, they were passionately driven to achieve economic stability and socialize the next generation to retain the traditions of their home culture. During these years, the immigrant community went to great lengths to project an impeccable public image by denying the existence of social problems such as domestic violence, sexual assault, child sexual abuse, mental illness, racism, and intergenerational conflict. It was not until recently that activist groups have worked to bring these issues out into the open. In Body Evidence, more than twenty scholars and public health professionals uncover the unique challenges faced by victims of violence in intimate spaces . . . within families, communities and trusted relationships in South Asian American communities. Topics include cultural obsession with women's chastity and virginity; the continued silence surrounding intimate violence among women who identify themselves as lesbian, bisexual, or transgender; the consequences of refusing marriage proposals or failing to meet dowry demands; and, ultimately, the ways in which the United States courts often confuse and exacerbate the plights of these women.

Human Rights Mechanism In South Asia

Author : Shveta Dhaliwal
ISBN : 9781315436876
Genre : Political Science
File Size : 65. 95 MB
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Shveta Dhaliwal teaches at the Rajiv Gandhi National University of Law, Punjab, Patiala, India. Her areas of specialisation are geopolitics, regional human rights systems, comparative political thought and international relations. She has published more than 40 research papers and presented over 150 papers in international and national conferences. She has an authored and three edited books to her credit. She is member of the Indian Political Science Association and the Indian Society of International Law and South Asian Foundation.

The Legal Protection Of Women From Violence

Author : Rashida Manjoo
ISBN : 9781351732833
Genre : Political Science
File Size : 58. 3 MB
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Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

Honour And Violence

Author : Nafisa Shah
ISBN : 9781785330827
Genre : Social Science
File Size : 31. 15 MB
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The practice of karo kari allows family, especially fathers, brothers and sons, to take the lives of their daughters, sisters and mothers if they are accused of adultery. This volume examines the central position of karo kari in the social, political and juridical structures in Upper Sindh, Pakistan. Drawing connections between local contests over marriage and resources, Nafisa Shah unearths deep historical processes and power relations. In particular, she explores how the state justice system and informal mediations inform each other in state responses to karo kari, and how modern law is implicated in this seemingly ancient cultural practice.

Speaking The Unspeakable

Author : Margaret Abraham
ISBN : 0813527937
Genre : Family & Relationships
File Size : 36. 29 MB
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Over the past 20 years, much work has focused on domestic violence, yet little attention has been paid to the causes, manifestations, and resolutions to marital violence among ethnic minorities, especially recent immigrants. Margaret Abraham's Speaking the Unspeakable is the first book to focus on South Asian women's experiences of domestic violence, defined by the author as physical, sexual, verbal, mental, or economic coercion, power, or control perpetrated on a woman by her spouse or extended kin. Abraham explains how immigration issues, cultural assumptions, and unfamiliarity with American social, legal, economic, and other institutional systems, coupled with stereotyping, make these women especially vulnerable to domestic violence. Abraham lets readers hear the voices of abused South Asian women. Through their stories, we learn of their weaknesses and strengths, and of their experiences of domestic violence within the larger cultural, social, economic, and political context. We see both the individual strategies of resistance against their abusers as well as the pivotal role South Asian organizations play in helping these women escape abusive relationships. Abraham also describes the central role played by South Asian activism as it emerged in the 1980s in the United States, and addresses the ideas and practices both within and outside of the South Asian community that stereotype, discriminate, and oppress South Asians in their everyday lives.

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