By Ratna Kapur
The essays in Erotic Justice tackle the ways that legislation has been implicated in modern debates facing sexuality, tradition and `different' matters - together with ladies, sexual minorities, Muslims and the transnational migrant. legislations is analyzed as a discursive terrain, the place those varied matters are excluded or incorporated within the postcolonial current on phrases which are equivalent to the colonial stumble upon and its remedy of distinction. Bringing a postcolonial feminist felony research to her dialogue, Kapur is relentless in her opinions on how colonial discourses, cultural essentialism, and sufferer rhetoric are reproduced in common, liberal tasks akin to human rights and overseas legislations, in addition to within the criminal legislation of sexuality and tradition in a postcolonial context. Drawing her examples from postcolonial India, Ratna Kapur demonstrates the theoretical and disruptive chances that the postcolonial topic brings to overseas legislation, human rights, and household law. within the technique, demanding situations are provided to the political and theoretical buildings of the kingdom, sexuality, cultural authenticity, and women's subjectivity.
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Extra info for Erotic Justice: Law and the New Politics of Postcolonialism
Sample text
The family was reconstituted as a ‘pure space’ of Hindu culture and tradition, uncontaminated by colonial intervention. Women who occupied this place, in turn, came to represent all that was pure and untouched by colonialism. Indian womanhood became the embodiment of nationalism, as the nation came to be constructed as a divine mother, and women in general became the mothers of the nation. The glorification of women’s roles as wives and mothers, as chaste and sexually pure, came to infuse the very discourse of nationalism (Chaudhuri, 1993, p 78).
Marital rape is not recognised under current legal definitions of rape. Section 375 of the Indian Penal Code 1860 (IPC) provides that ‘Sexual intercourse by a man with his own wife, the wife not being under 15 years of age, is not rape’. 11 In other words, a woman surrenders her right to consent to sexual relations at the time of entering into a marriage, and the husband is given an unconditional, unqualified right of sexual access to her. Every act of sexual intercourse is deemed to be consensual.
The significance of Mehta’s analysis lies in its demonstration of how the universalist claims of liberalism and the rational subject justified political exclusions in practice, and also set out the terms for political inclusion. The subject of colonial rule was regarded as different, infantile, primitive, an Other, and hence denied the benefits of liberalism until he or she was trained into civilisation. This analysis was 25 26 Erotic Justice perfectly consistent with the terms of liberalism, and creates a logic that continues to operate in the present, justifying a host of exclusions, whether these are blacks, women, or sexual and religious subgroups.