Recovering Subversion: Feminist Politics Beyond the Law

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Is the language of rights enough to foster real social and political change? Nivedita Menon explores the relationship between law and feminist politics by examining the contemporary Indian women's movement with comparisons to France and the United States. She argues that the intersection of feminist politics, law, and the state often paradoxically and severely distorts important ethical and emancipatory impulses of feminism. Menon reviews historical challenges to the liberal notion of rights from Marxist, feminist, postcolonial, and critical legal scholars, and analyzes current Indian debates on topics including abortion, sexual violence, and Parliamentary quotas for women. Far from being a call to withdraw from the arena of law, "Recovering Subversion" instead urges feminists everywhere to recognize the limits of "rights discourse" and pleads for a politics that goes beyond its boundaries.

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March 31,2025
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Great analysis of lots of contemporary feminist issues in Indian politics. Here's a quote that got me thinking:

At this point I would like to lead the discussion to a related paradox of our times—the emerging contradiction between the functioning of democracy and the ethical ambitions of feminist politics. In the debate over reservations for women [as well as other contemporary issues in Indian politics that she analyzes], the issue is of democratic functioning versus a greater value in our terms. In each case ‘we’ take the side of state regulation or regulation by authority over ‘freedom to choose.’ I suggest that the reason why we tend to turn to the law so insistently is precisely because democracy with its assumption of the rights-bearing citizen endowed with ‘free will,’ poses a problem for us until the values we hold to be crucial are hegemonic in society. Until then, the state and law are expected to override democracy and bring about social transformation from above. 208


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