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Full-Text Articles in Law
In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra
In Search Of Women’S Equal Right To Property In India - Recent Judicial Developments, Archana Mishra
Archana Mishra
Women’s economic status influenced by her ownership and control over immovable property is hardly reflected in Indian society even after India having achieved independence more than half a century before. Effective rights to women in property cannot spring from closed and restrictive mindset of the legislature. The recent decisions of Supreme Court of India and various High Courts expanding the scope of much denied property rights to women in India encapsulate the essence and spirit of the Constitution. Some of the recent striking developments in the field of allowing property rights to women e.g., right of tribal women in property, …
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
In The Name Of The Child: Race, Gender, And Economics In Adoptive Couple V. Baby Girl, Bethany Berger
Bethany Berger
On June 25, 2013, the Supreme Court decided Adoptive Couple v. Baby Girl, holding that the Indian Child Welfare Act did not permit the Cherokee father in that case to object to termination of his parental rights. The case is ostensibly about a dispute between prospective adoptive parents and a biological father. This Article demonstrates that it is about a lot more than that. It is a microcosm of anxieties about Indian-ness, race, and the changing nature of parenthood. While made in the name of the child, moreover, the decision supports practices and policies that do not forward and may …
Self-Determination, Subordination, And Semantics: Rhetorical And Real-World Conflicts Over The Human Rights Of Indigenous Women, Sam Grey
Sam Grey
Indigenous women have long been engaged in unambiguous advocacy for a human rights-based approach to gender injustice in their communities and nations. Indigenous nations, for their part, have repeatedly and passionately posited collective human rights as necessary for the protection of cultural distinction. These projects should be reconcilable – but this reconciliation requires the political will to critically engage with historical and contemporary colonialism, and to address the internalization of patriarchy and sexism in Indigenous societies today. With such a will in place, it becomes possible to operationalize a single Indigenous ‘self-determination’ project grounded in human rights, one that sees …