Policy Analysis beyond Personal Law: Muslim Women's Rights in India

Abstract

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.Related Articles Harel‐Shalev, Ayelet. 2009. “.” Politics & Policy 37 (): 951‐970. http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2009.00206.x/abstract Pearson‐Merkowitz. 2012. “.” Politics & Policy 40 (): 258‐295. http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2012.00349.x/abstract Sisk, Timothy D. 1992. “.” Southeatern Political Review 20 (): 1‐27. http://onlinelibrary.wiley.com/doi/10.1111/j.1747‐1346.2009.00206.x/abstract Related Media . 2006. “.” Government of India. http://minorityaffairs.gov.in/sites/upload_files/moma/files/pdfs/sachar_comm.pdf Nayar, Usha. 2009. “.” Government of India, Department of Women and Child Development (DWCD). http://www.jeywin.com/wp‐content/uploads/2009/12/An‐Analytical‐Study‐of‐Education‐of‐Muslim‐Women‐and‐Girls‐in‐India.pdf