Playing Off Courts: The Negotiation of Divorce and Violence in Plural Legal Settings in Kolkata

@article{Basu2006PlayingOC,
  title={Playing Off Courts: The Negotiation of Divorce and Violence in Plural Legal Settings in Kolkata},
  author={Srimati Basu},
  journal={The Journal of Legal Pluralism and Unofficial Law},
  year={2006},
  volume={38},
  pages={41 - 75}
}
  • Srimati Basu
  • Published 2006
  • Sociology
  • The Journal of Legal Pluralism and Unofficial Law
Abstract The Indian State’s management of divorce and domestic violence, driven by disparate forces such as colonial and post-colonial discourses of equity and modernity and demands refracted through social movements, as well as customary notions of kinship and equity, is enacted through a number of potentially contradictory fora. These include proceedings for civil and criminal remedies and formal and informal mediation. This paper focuses on Section 498 of the Indian Penal Code which… Expand
Judges of Normality: Mediating Marriage in the Family Courts of Kolkata, India
  • Srimati Basu
  • Sociology
  • Signs: Journal of Women in Culture and Society
  • 2012
When legal reform proceeding from feminist movement demands is institutionalized in courts, there may nevertheless be distinct gaps in delivering substantive gender justice. Can feminist reform beExpand
Jural relations of middle‐class marriage and women as legal subjects in the imaginary of ‘new India’
In India's capital New Delhi, four Family Courts were set up between 2009 and 2012, and 12 mediation institutions known as Crime Against Women Cells (CAW cells) were established during the sameExpand
Local and Customary Forums
Research studies and common experience have shown that women suffering violence rarely engage with formal institutions such as courts and police stations without the support of their family andExpand
Interpretations of Justice: Conceptions of Family and Gender Justice at a Nari Adalat (Women’s Court) in South India
This article is a socio-legal study situated at the intersection of legal anthropology, sociology of law, and gender studies. It addresses interpretations of family and gender justice by analyzing aExpand
Dealing with Domestic Violence towards Complicating the Rights Discourse
The discourse on domestic violence in India is animated by the language of rights and empowerment in which domestic violence is seen as the condition that needs to be overcome. It imagines the womenExpand
The Impossibility of Marital Rape
Abstract India is one of the few countries in the world that continues to exempt husbands from being charged with rape committed against their wives. This article describes a brief period ofExpand
Victims to Saviors
Gender scholars have argued that legal reforms against violence position women as victims in need of state help. Using data collected from 22 months of participant observation with survivors ofExpand
Conditions of Emergence: The Formation of Men’s Rights Groups in Contemporary India
Drawing on a one-year research project, this article attempts to make a feminist appraisal of the phenomenon of men’s rights groups in contemporary India. This effort is structured in two parts. TheExpand
WOMEN VICTIMS IN THE CRIMINAL JUSTICE SYSTEM
Cruelty is one of the genuine sorts of social insidiousness since ages. Cruelty can be both mental and in addition physical cruelty which is being rehearsed sin various modes in general public inExpand
Abuse, Danger, and Security in Transnational Marriages
  • A. Stewart
  • Political Science, Medicine
  • Violence against women
  • 2013
The aim of this article is to show the way in which concepts of abuse, danger, and security have informed recent U.K. legal and policy developments relating to the protection of women inExpand
...
1
2
...

References

SHOWING 1-10 OF 34 REFERENCES
Exploring the boundaries of law, gender and social reform
ConclusionBoth dowry and domestic violence are manifestations of the socially subordinate position of women in India, in particular of women in relation to and within the institution of marriage.Expand
Custom in the Courtroom, Law in the Village: Legal Transformations in Papua New Guinea
After more than twenty-five years on the legal landscape of Papua New Guinea, 'customary law' is ripe for reassessment, particularly as it appears to be an ideal mechanism with which the Papua NewExpand
Contested States: Law, Hegemony and Resistance
Contested States examines how hegemony is created and facilitated through law as well as how people use legal arenas to resist oppression. The essays, written by anthropologists and historians, offerExpand
Legal Pluralism in an American Community: Perspectives on a Civil Trial Court
This article explores the role of a local trial court in terms of the plurality of legal systems-both formal and informal-found in the community in which the court operates. The concept of legalExpand
Dou Donggo Justice: Conflict and Morality in an Indonesian Society
This study of justice and morality among the Dou Donggo, a highland people in Indonesia, offers an innovative approach to understanding the workings of law and dispute settlement in smallExpand
everyday understandings of the law in working‐class America
An ethnographic examination of the way working-class Americans who use courts to manage their family and neighborhood disputes think about and use the law suggests that they share beliefs in legalExpand
Violence against women in India: evidence from rural Gujarat [by] Leela Visaria. Summary report.
This community-based study illustrates domestic violence as reported by married women in rural Gujarat India. It explores the magnitude onset and forms of violence as well as the reasons given forExpand
A Non-Essentialist Version of Legal Pluralism
The concept of legal pluralism has been touted by many socio-legal scholars as a key concept in the analysis of law. Yet, after almost twenty years of such claims, there has been little progress inExpand
The Public Face of a Private Domestic Violence
This article looks at violence against women in Indian society and gives an example of a best-practice response to domestic violence. It is divided into two parts. The first part of the paperExpand
Family courts
Family courts are increasingly accepted as altermatives to juvenile courts. Arguments for the establishment of these courts rests on the assumption that a consolidated jurisdiction looking beyond anyExpand
...
1
2
3
4
...