Discursive and institutional intersections: women, health and law in modern India

While important foci of feminist legal jurisprudence have highlighted the patriarchal bias in the areas of legal theory, sexuality, race, and violence, an important area that has received little attention is the interface between health law, gender, and power, particularly in the context of post-colonial societies. This paper explores these concepts in contemporary India, the underlying idea being that health is as much an issue of violence as violence is an issue of health, and both carry critical implications for the gender power configurations in society. This discussion is framed in the interstices between the Indian state and the women's movement that have interfaced in fashioning law as a critical instrument of social change and women's empowerment. Several assumptions foreground this paper: Firstly, culture is the ground upon which gender and power dynamics play out in any society. Secondly, law is also taken to be one of the sites of cultural engagement and is very much embedded in and the product of prevailing values, norms, and practices; it is not outside culture. And lastly, although this paper is India-specific, it raises issues which have cross-national resonance, particularly in the South Asian context.