In this thesis, I focus on the relationship between gender and nation in post-colonial India, through the lens of Muslim women, who are located on the margins of both religious community and nation. The contradictory embrace of a composite national identity with an ascriptive religious identity, has had critical consequences for Muslim women, to whom the state has simultaneously granted and denied equal citizenship. The impact is felt primarily in the continuing disadvantage of women through the denial of gender equality within the family. The state's regulation of gender roles and family relationships in the 'private sphere', inevitably has determined women's status as citizens in the public sphere. / In this context, the notion of citizenship becomes a focus of any exploration of the legal status of Muslim women. I explore the idea of citizenship as a space of subaltern secularism that opens up the possibility for Indian women of all faiths, to reclaim a selfhood, free from essentialist definitions of gender interests and prescripted identities. I evaluate the realm of constitutional law as a counter-hegemonic discourse that can challenge existing power structures. Finally, I argue for the need to acknowledge the hybridity of culture and the modernity of tradition, to emphasise the integration of the colonial past with the postcolonial present. Such an understanding is critical to the feminist emancipatory project as it reveals the manner in which oppositional categories of public/private, true Muslim woman/feminist, Muslim/Other, Western/Indian, and modern/traditional, have been used to deny women equal rights.

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Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed / Jurisprudence / LLD

Racial and gender inequality, as well as other forms of discrimination has been a part of the South African, American and Indian histories for a very long time. Even today racial disparity is still very evident in the South African and American societies whilst discrimination based on caste is still prevalent in the Indian society. This is illustrated by continued racial discrimination and the remaining signs of societal segregation. Due to continuing disparities amongst the people, it became necessary to implement affirmative action programmes. Focusing in particular on education and jobs, affirmative action policies require active measures to be taken to ensure that blacks and other minorities enjoy the same opportunities for career advancement and school admissions that had been the nearly exclusive province of whites in SA and the USA, or for the forward castes in India. Affirmative action has been both praised and denounced, as an answer to racial inequality. One of the key issues that arise when affirmative action is discussed is whether or not affirmative action in fact promotes equality and atones for past prejudices. Another concern is whether the current affirmative action policy is the right policy to use. The issues surrounding affirmative action seems to be universal as are the circumstances. Perhaps the most widespread similarity among the programmes in these very different countries has been that group preferences and quotas are almost always discussed. The debate on affirmative action exists because it is a very divisive issue and it affects different groups of people in different ways, and some groups or persons seemingly benefit more from affirmative action than other persons or groups. In addition, it causes people to be classified into groups, and at the same time, strives to break down group barriers. It is an issue that is difficult to resolve because people have varied ideas about how the problems of racial inequality and historical discrimination should be addressed / Jurisprudence / LLD