From east to west, can feminist legal strategies be transformative? Post-disaster to everyday times of crisis

Abstract

This article engages with a key question raised by feminist legal scholars from the east to the west: whether women should or should not engage in rights strategies? Are rights systematically exercised to reproduce patriarchal, dominant sites of justice, or do rights constitute a multiple and relational force which may transform sites of justice? The experience of women’s engagements with law in South Asia has created a diversity of critical legal knowledge and scholarship reflecting the pluralism of both women’s identities and needs based on caste, religion, class and sexuality across an array of legal spaces from the family, community and state. Women in South Asian scholarship have complicated the notion of the homogenous legal subject and the static dominant site of justice. In this article I return to my underpinning field research whilst living and working within an earthquake affected area of Maharashtra, India in the post-crisis rehabilitation period (1993–1998). This research explored how women exercised their rights to reconstruct lives at different tiers of justice: in public policy, private legislation and the non-formal sphere of community relations to deconstruct the concept of rights existing within a static framework of justice. Drawing upon feminist discourse across the east to the west, I have analysed the role of rights in post-disaster sites to understand how women move from victims to survivors, beneficiaries to contributors and objects to agents of change to inform contemporary research on how women in post-domestic violence situations may exercise rights to reconstruct their lives in times of crisis in the UK. Through this analysis I argue that rights may be empowering if one can exercise one’s right to identity as agency, resources as capacity and location as mobility, as a three dimensional strategy to transform the framework in which one is situated. Over the last decade, I have actively applied this transformative methodology to create an alternative relational, intersectional and holistic legal paradigm, to transform sites of justice, in times of every day crisis, through the CLOCK/ All India Access to Justice Strategy.