Mutinies for Equality

Tanja Herklotz, is a postdoctoral researcher at the Chair for Public and Comparative Law at Humboldt-University of Berlin and the principal investigator of two Indo-European research projects on legal cultures and transformative constitutionalism that are funded by the DAAD. She has been a visiting researcher at the University of Warwick, the Center for the Study of Law and Society at Berkeley Law and the Centre of Law and Society at Cardiff University. Her research interests and areas of publication include comparative constitutional law with a particular focus on the Global South, law and gender, legal pluralism and religion-based law, and law and social movements. In her PhD project entitled 'Streets and Courtrooms: Feminist Legal Activism in India' (pursued at Humboldt-University of Berlin), she assessed the impact of the Indian women's rights movement on legislation and case law. Siddharth Peter de Souza is a Post Doctoral Researcher at the Department of Law, Technology Markets and Society, Tilburg University and works at the intersection of data and society. He was previously a researcher at the Chair of Public Law and Comparative Law, Humboldt University. He has an LL.M. from the University of Cambridge and was a German Chancellor Fellow at the Max Planck Foundation for International Peace and Rule of Law, Heidelberg. Siddharth is also the founder of Justice Adda, a law and design social venture and a researcher with the FemLab.Co project. Siddharth has edited two books, Crowdsourcing, Constructing and Collaborating: Methods and Social Impacts of Mapping with World Today with Nida Rehman and Saba Sharma (2020) and Technology, Innovation and Access to Justice: Dialogues on the Future of Law with Maximilian Spohr (2021).

Acknowledgements; Introduction Tanja Herklotz and Siddharth Peter de Souza; Part I. Systems of Inequality: 1. Family matters, gender matters: courts on the rule against restraints on alienation Krithika Ashok; 2. Missing women in the Indian judiciary: the inadequacies of the judicial appointment process Siddharth Peter de Souza and Medha Srivastava-Kehrer; 3. Is the Supreme Court cherry-picking its gender battles? Jayna Kothari; 4. Juxtaposing equality?: Muslim women's rights in the normative realm of secularism and personal law in India Katharina Wommelsdorff; 5. Is sexuality anti-Indian?: Reflections on obscenity in contemporary Indian popular discourse Fritzi-Marie Titzmann; Part II. Battles for Equality: 6. Armed with the Constitution: feminist litigation on Indian family law Tanja Herklotz; 7. Nikah Halala: The petition, the promise and the politics of personal law Saumya Saxena; 8. The politics of erotic labour: a case study of Mumbai bar dancers Sameena Dalwai; 9. Reactionary executive versus deliberative legislature: the case of how the legislature championed compensation for reproductive labour while regulating surrogacy Mandira Kala; 10. Interrogating the freedoms of queer liberation in India Jason Keith Fernandes; Part III. Realising Equality: 11. The politics of regulating adult sexuality through the institution of marriage: reflections on queer experiences from India Sourav Mandal; 12. Conditions of possibility: law, patriarchy and single motherhood in India Saptarshi Mandal; 13. Turning to the state: between processing disputes and protecting autonomy Kalindi Kokal; 14. Towards an egalitarian workplace: developments in anti-sexual harassment law Poornima Hatti and Aparna Ravi; About the contributors; Index.