Chapter

Model Drafts and Legal Doctrines

Flavia Agnes

in Law and Gender Inequality

Published in print May 2001 | ISBN: 9780195655247
Published online October 2012 | e-ISBN: 9780199081189 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195655247.003.0011
Model Drafts and Legal Doctrines

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This chapter examines the legal doctrines on which the various recommendations for personal laws in India are premised and evaluates their implications for women’s rights and their claim to modernity. It highlights the positive and negative features of these drafts, as well as their contradictions and internal inconsistencies. In conclusion, while there have been some concrete efforts at evolving drafts which would protect women’s rights, a sustained campaign around specific issues to pressurize the government to bring in reform is lacking. This chapter suggests that only through a step by step approach to bring in small and specific reform through concentrated campaigns can the rights of women be salvaged from the political entangle within which they are currently enmeshed.

Keywords: legal doctrines; personal laws; India; women’s rights; modernity

Chapter.  9753 words. 

Subjects: Family Law

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