This article examines the role of rights in both governing and shaping women’s relationship with the reconstruction process and their position in the reconstructed society. Through four years of empirical research in the post-earthquake reconstruction process in Maharashtra, India, this article focuses upon how women’s rights in social reconstruction are contingent upon processes of recognition. From the United Nations to local women’s organising, the article considers how women’s rights to “determine the pattern of their lives and the future of society” (...) (United Nations Convention on the Elimination of All Forms of Discrimination Against Women (C.E.D.A.W.). General Recommendation No. 23 (1997), Article 7, para. 9.) are dependent upon processes of recognition. Through a critique of cultural, material and spatial acts and frameworks of recognition within the U.N., World Bank, State Government, public interest litigation, personal and nonformal law, rights are seen to actively and hierarchically construct either a modern, liberal subject or a religious, communitarian subject, which both either deny or prescribe agency. The experience of women’s organising reveals the possibility of reconstructing a feminist rights strategy of reflection. (shrink)

Ratna Kapur’s recent book entitled Erotic Justice proposes a new politics of postcolonialism whereby the sexual subaltern disrupts the normative principles of the universal, liberal, legal domain. Kapur traces legal strategies regarding censorship, sex-work, homosexuality, sexual harassment, trafficking and migration which travel a treacherous path, countering allegations of ‘unIndian’ and Western practice with cultural histories of ‘authentic’ sexual legitimacies, towards a new politics of desire. Kapur frames her analysis through postcolonial feminist theory as providing a tool for feminist struggle, yet (...) distinct from and disruptive of a liberal project of global sisterhood. This review deeply values the role of the sexual subaltern which disrupts the tenets of a linear, progressive liberalism. Drawing upon Indian feminist and Western feminist perspectives, the review considers how the distinct position of the postcolonial sexual subaltern subject informs the generic role of law as a tool constructing relations of domination regarding gender, sexuality, caste, property and religion. Kapur observes that both the West and the Hindu Right have engaged with liberal legal principles. This engagement, I argue, exposes and informs law as a historical and contemporary tool of gendered legal colonialism, for sisters to disrupt across the Western and Eastern terrains. (shrink)