Ayelet Harel

Senior Academic

Policy analysis beyond personal law

Muslim women's rights in India

Granting legal rights to groups in deeply divided societies is important and necessary, but the cost of awarding these rights-in terms of their negative impact on civil rights, and particularly on women's rights-are key issues affecting the politics and policy of diverse polities. The article explores the implications for Muslim women of applying minority autonomy in India. In parallel, it delves into India's policy of religious autonomy for minorities as viewed by the political and legal authorities, and through the eyes of different sectors of the minority community. Analyzing the complex construction of rights within a communalized polity, this article attempts to transcend the ongoing debate on the implications of Muslim Personal Law in India and suggests policy directives aimed at empowering minority women. The Indian case provides a constructive microcosm for studying these tensions comprehensively and comparatively, and holds important lessons for other multicultural societies worldwide.

Publication language English
Pages 384-419
Volume 41
Issue number 3
Publication status Published - 01.01.2013

Keywords

Communalism
Comparative politics
Deeply divided societies
Gender policy
India
Judicial politics-India
Minority rights
Muslim
Muslim personal law
Religious autonomy
Women's rights

ASJC Scopus subject areas

Sociology and Political Science
Political Science and International Relations

Sustainable Development Goals

SDG 5 - Gender Equality
SDG 10 - Reduced Inequalities
SDG 16 - Peace, Justice and Strong Institutions
Access to Document
10.1111/polp.12016
Other files and links
Link to publication in Scopus