Location of Repository

Labour and land rights of women in rural India : with particular reference to Western Orissa

By Reena Patel

Abstract

Hindu women's right to independent ownership of property has been established in\ud India since 1956. Given that legal rights have not brought about a significant increase\ud in women's ownership of land, this thesis explores the factors that affect women's\ud effective claim to land ownership. Taking the particular case of Hindu peasant women\ud in small farming households in Western Orissa, it analyses their ability to claim land\ud ownership as the outcome of bargaining. The bargaining approach, as developed by\ud economists, and by Amartya Sen and Bina Agarwal in particular, is adopted to analyse\ud women's access to land as an effect of women's perceptions of self-interest and\ud perceptions of women's contribution. The thesis evaluates the legal framework as it\ud incorporates and reflects these perceptions. It argues that law constructs women's\ud claim to land as a right addressed to 'Hindu' women, located within the family\ud (through succession) and informed by religious ideology. It further argues that\ud recognising women's interests as a basis of their claim to land ownership, as 'peasant'\ud women, located within the household and affected by their work and role within\ud agricultural production, would widen the scope of legal analysis. This would be a\ud starting point towards a deeper understanding of the ways in which law impacts upon\ud women's access to land

Topics: HD, HQ, KN
OAI identifier: oai:wrap.warwick.ac.uk:4010

Suggested articles

Preview

Citations

  1. ( 1988) 'Law, Gender and Ideology'
  2. (1968) The Sociology of Law: Interdisciplinary Readings,
  3. (1959). A Century of Social Reform in India,
  4. (1994). A Field of One's Own : Gender and Land Rights in South Asia I, Cambridge
  5. (1995). A Passion for Difference: Essays in Anthropology and Gender,
  6. (1990). Access is Not Enough: Gender Perspectives on Technology and Education'
  7. (1993). Agricultural Development and Work Pattern of Women in a North India Village'
  8. (1954). An Evaluation of the Group Interview',
  9. (1998). Analysing Women's Movements',
  10. (1987). Beyond the Public/Private Division: Law, Power and the Famil\'
  11. (1991). Bourdieu, Power and Resistance: Gender Transformation in Sri Lanka'
  12. (1985). Caste, Class and Gender: Production and Reproduction in North India',
  13. (1995). Challenging Modernization: Gender and Development, Postmodern Feminism and Activism'
  14. (1984). Competing Equalities: Law and the Backward Classes "70
  15. (1988). Conceptualing the Labour Force: The Underestimation of Women's Economic Activities'
  16. (1993). Conjugality, Law and the State: Inhentance Rights as Pivot of Control in Northern India', Feminism and Law:
  17. (1997). Contemporary Postcolonial Theory: A Reader,
  18. (1990). Contentious Traditions: The Debate on San in Colonial India'
  19. (1990). Contentious Traditions: The Debate on Sati in Colonial India'
  20. (1996). Culture and Development Ethics: Needs, Women's Rights, and Western Theories',
  21. (1990). Customs in a Peasant Economy: Women in Colonial Haryana'
  22. (1999). Cutting to Size: Property and Gendered Identity in the Indian Higher Courts'
  23. (1990). Decision Taking in the Fieldwork Process: Theoretical Sampling and Collaborative Working'
  24. (1994). Dependency Theory, Peasants and Thirld World Crisis',
  25. (1997). Developing Differences: Post- structural Ism and Political Economy in Contemporary Development Studies',
  26. (1999). Developing Explanations for Difference(s): Gender and Village-Level Democracy in India and China'
  27. (1987). Doing Participatory Research: A Feminist Approach,
  28. (1994). Dowry in North India: Its Consequences for Women'
  29. (1987). Dworkin; Which Dworkin? '
  30. (1983). Economics and the Family',
  31. (1996). Embodied Violence: Communalising Women's Sexuality in South Asia,
  32. (1995). Engendering Development? Women in Development (WID) in International Regimes'
  33. (1993). Entitlements Analysis: Relating Concepts and Contexts'
  34. (1965). Ethical Philosophies of India,
  35. (1997). Family Law as a Means of Ensuring Gender Justice for Indian Women',
  36. (1989). Family Status-Production Work: Women's Contribution to Social Mobility and Class Differentiation'
  37. (1997). Female Headship, Poverty and Child Welfare: A Study of Rural Orissa',
  38. (1996). Female Infanticide in Contemporary India: A Case Study of Kallars in Tamil Nadu'
  39. (1996). Feminine Identity in India'
  40. (1991). Feminism and Anthropology, Polity Press, Cambridge and Basil Blackwell,
  41. (1987). Feminism and Methodology,
  42. (1988). Feminism and Nationalism in the Third World,
  43. (1989). Feminism and Sociological Theory,
  44. (1989). Feminism and the Poewr of Law,
  45. (1996). Feminism: Indian Ethos and Indian Convictions'
  46. (1986). Feminist Challenges: Law and Social Theory, Allen and Unwin,
  47. (1990). Feminist Perspectives on Women in Development'
  48. (1996). Feminist Terrains in Legal Doinains:
  49. (1991). Field Research: A Sourcebook and Field Manual,
  50. (1992). Friends, Brothers and Informants: Fieldwork Memoirs of Banaras,
  51. (1993). From Devadasi Reform to SITA: Reforming Sex Work
  52. (1962). Fundamental Principles of the Sociology of Law,
  53. (1990). Gender and Cooperative Conflicts'
  54. (1987). Gender and Cooperative Conflicts', WIDER Working Papers,
  55. (1995). Gender and Development in Action'
  56. (1990). Gender and Economic Policy in a Democratic South Africa, Discussion paper in "Women, Colonialism and Commonwealth", Postgraduate Seminar,
  57. (1981). Gender and Economics: The Sexual Division of Labour and the Subordination of Women'
  58. (1995). Gender and Household Dynamics: Recent Theories and their Implications'
  59. (1990). Gender and Justice in Economic Development'
  60. (1995). Gender and Legal Rights in Agricultural Land in India', Economic and Political Weekly,
  61. (1997). Gender Disparities in Social Well-Being: An Overview',
  62. (1994). Gender Implications of Adjustment Policy Programme in India: Significance of the Household',
  63. (1993). Gender Planning and Development: Theory, Practice and Training,
  64. (1993). Gender: Between Familý' and State' Economic and Political Weekly,
  65. (1984). General Principles of Hindu jurisprudence',
  66. (1978). Hindu Women, Normative Models,
  67. (1990). Hindu Women's Right to Maintenance,
  68. (1992). Hinduism and Women,
  69. (1979). Hinduism: A Religion to Live By, Chatto
  70. (1981). Households as Natural Units'
  71. (1998). Immanence and Identity: Understanding Poverty through Law and Society Research',
  72. (1993). In Sum and Looking Beyond: Suggestions for Future Research'
  73. (1963). India as a Secular State, London and Bombay,
  74. (1999). India: Economic Development and Social Opportunity,
  75. (1993). India's Constitution and Presuppositions Regarding (' 268 Human Nature'
  76. (1994). India's Persistent Dilemma: The Political Economy of Agrarian Reform,
  77. (1977). Indian Council of Social Science Research
  78. (1964). Indian Nationalism and Hindu Social Reformy Princeton.
  79. (1980). Indian Women and Patriarchy,
  80. (1976). Indian Women from Purdah to Modernity, Vikas,
  81. (1994). Indian Women in the Smritis, Vinod Publishers and Distributors,
  82. (1995). Indian Women: Myth and Reality, Sangam Books.
  83. (1983). Indian Women: Well-Being and Survival'.
  84. (1998). Introduction to Feminist jurisprudence,
  85. (1995). Is Land Reform Passe? With Special Reference to Asian Agriculture'
  86. (1986). Is There a Psychology of Women'
  87. (1996). Joint Property and Partition at a Glance, Vinod Publishing House,
  88. (1996). Justice for Women: Personal Laws,
  89. (1970). Land and the Constitution in India,
  90. (1996). Land Reforms in India: A Survey of Policy, Legislation and Implementation, Vikas Publishing House,
  91. (1984). Land,, Labor and Rural Development: Essays in Development Economics,
  92. (1995). Latin American Women Speak on Development: Are We Listening Yeff
  93. (1993). Law and Development in Crisis'
  94. (1969). Law and the Behavioural Sciences, The Bobbs-Merrill Company Inc., Indianapolis Kansas City and
  95. (1969). Law as a Tool of Directed Social Change: A Framework for Policy Making',
  96. (1978). Law as Process: An Anthropological Approach, Henicy, 280 "81 London and Routledge and Kegan Paul,
  97. (1985). Law, Custom and Social Order: The Colonial Experience in Malawi and Zambia,
  98. (1987). Law: A Map of Misreading. Toward a Postmodern Conception of Law',
  99. (1997). Legal Philosophies,
  100. (1988). Legal Pluralism'
  101. (1997). Legal pluralsim and its relevance for women's law'
  102. (1993). Local Knowledge: Further Essays in Interpretive Anthropology,
  103. (1997). Looking Back on Land Reforms, Economic and Political Weekly,
  104. (1991). Male Bias in the Development Process,
  105. (1993). Methodological Issues in Collecting Time Used Data for Female Labour Force'
  106. (1994). Methods, Practice and Epistemology: The Debate about Feminism and Research'
  107. (1989). Narrowing the Gender Gap,
  108. (1993). Nationalist Thought and the Colonial World: A Derivative Discourse,
  109. (1968). Norms and Actions: National Reports on the Sociology of Law, Martinus Nijhoff; The Hague.
  110. (1997). Notes on the Post-Colonial'
  111. (1995). Of Woman Caste: The Experience o Gender
  112. (1983). On Kinship Structure, Female Autonomy, and Demographic Behaviour in India',
  113. (1988). On the Concept of Women's Interests, and the Limitations of Interest Theory'
  114. (1985). On the issue of underenumeration of women's work in the Indian data collection system'
  115. (1992). On Women and Legal Concepts: Informal Law and the Non-n of Consideration',
  116. (1988). On Work: Historical, Comparative and Theoretical Approaches,
  117. (1993). Paradigm Postponed: Gender and Economic Adjustment in sub-Saharan Africa', World Bank Report,
  118. (1993). Paradise Lost , Paradox Revisited: The Implications of Familial Ideology for Feminist, Lesbian and Gay Engagement to Law" Osgoode Hall Law
  119. (1994). Principles of Hindu
  120. (1997). Progress Through Complexity: Options for the Subjects of Legal Pluralism'
  121. (1985). Property in Land, Land Market and Tenancy Relations in the Colonial Period: A Review of Theoretical Categories and a Study of a Zamindan District'
  122. (1984). Property, Power and Gender Relations'
  123. (1998). Pursuing Grounded Theory in Law: South-North Experiences in Developing Women's Law, Mond Books, Tano Aschehoug.
  124. (1990). Recasting Women:
  125. (1993). Religion and Secularism Under the Indian Constitution'
  126. (1968). Religion, Law and the State in India,
  127. (1970). ReligionlPolitics and History in India,
  128. (1988). Reminiscences of fieldwork among the Sikhs'
  129. (1994). Reversed Realities: Gender Hierarchies in Development Thought,
  130. (1998). Rewriting History: The Life and Times of Pandita Ramabai, Kali for Women,
  131. (1996). Rights, Remembrance, and the Reconciliation of Difference',
  132. (1984). Room for Manoeuvre: An Exploration of Public Policy
  133. (1990). Rural Women and Food Prodeuction in Sub Saharan Africa,
  134. (1978). Rural Women at Work: Strategies for Development in South Asia,
  135. (1992). Rural Women, Poverty and Natural Resources: Sustenance, Sustainability and Struggle for Change'
  136. (1991). Sampling in Ethnographic Filedwork'
  137. (1997). Secular Liberalism and Moral Psychology of Identity',
  138. (1985). Secularism and Society', Economic and Political Weekty,
  139. (1996). Sex Determination and Sex Pre-selection Tests: Abuse of Advanced Technologies'
  140. (1995). Sexual Division of Labour: Myths and Reality in the Indian context'
  141. (1989). Shah Bano' 14: 3 Signs:
  142. (1996). Situating Feminist Dilemmas in Fieldwork'
  143. (1995). Slow Pan Left: Feminism and the Problematic of Rights'
  144. (1979). Social Anthropology of Work,
  145. (1967). Social Change in Modern India,
  146. (1988). Social Framework of Female Labour Participation on Rural Sector'
  147. (1980). Social Order and the Limits of Law: A Theoretical Essay,
  148. (1949). Social Structure,
  149. (1995). Sociological Approaches to Law, Croom Helm, London Quibria,
  150. (1991). Some Methodological Problems of Field Studies'
  151. (1997). Sourcebook on Feminist jurisprudence,
  152. (1996). Spatial Formations,
  153. (1990). Studies in Qualitative Methodology, Vol 2: Reflections on Filed Experience,
  154. (1988). Subject-Centredness in Feminist discourse'
  155. (1981). Subsistence, Production and Extended Reproduction'
  156. (1996). Subversive Sites: Feminist Engagements with Law in India,
  157. (1991). Talpade
  158. (1991). Talpade, Ann Russo and Lourdes Torres,
  159. (1990). Talwar
  160. (1994). The Colour of Law:
  161. (1983). The Concept of Duty ill
  162. (1995). The Constitution of India: Selective Comments, Universal Book Traders,
  163. (1993). The Dilemma's of Law in Women's Development' in 'La\ý and Development in Crisis'
  164. (1987). The Family as the Locus of Gender, Class and Political Struggle: The Example of Housework'
  165. (1993). The Folly of the "Social Scientific" Concept of Legal Pluralism',
  166. (1990). The Great Ascent: The Rural Poor in South Asia, Published for the World Bank by John Hopkins Press,
  167. (1957). The Group Discussion as an interview technique'
  168. (1988). The Hindu Succession (Andhra Pradesh Amendment) Act 1985: A Move in the Wrong Direction',
  169. (1993). The Household and Extrahousehold Work of Rural Women in a Changing Resource Environment in Madhya Pradesh, India'
  170. (1974). The Household Dimension of the Family iti India,
  171. (1995). The Impossibility of "Justice": Female Foeticide and Feminist Discourse on Abortion', Contributions to Indian Sociology,
  172. (1990). The Intrafamily Distribution of Hunger',
  173. (1992). The Issues at Stake: Theory and Practice in the Contemporary Women's Movement in India, Kali for Women,
  174. (1982). The Lace Makers of Narsapur: Indian Housewives Producefor the World Market, Zed Books,
  175. (1969). The Legal Process from a Behavioural Perspective,
  176. (1990). The Making of a Field: Advocates, Practitioners and Scholars'
  177. (1990). The Nationalist Resolution of the Women's Question',
  178. (1991). The Position of Women in Hindu Civilisation, Motilal Banarasidas
  179. (1984). The Position of Women in Hindu Law, Inter-India Publications,
  180. (1958). The Religion of India: The Sociology of Hinduism and Buddhism,
  181. (1988). The Sexual Contract,
  182. (1959). The Social Background of Indian Nationalism, Bombay: Popular Book Depot Dhagamwar,
  183. (1981). The Subordination of Women and the Internationalisation of Factory Production'
  184. (1984). The Ties that Bind: Law, Marriage and the Reproduction of Patriarchal Relations,
  185. (1992). The World Bank
  186. (1990). To Each Less Than She Needs, From Each More Than She Can Do: Allocations, Entitlements, and Value'
  187. (1986). Tove Stang
  188. (1989). Toward a Feminist Theory of Development'
  189. (1973). Toward a theory of the status of women',
  190. (1985). Towards a Critical Theory of Family Law',
  191. (1986). Towards a Sociology of Indian Law,
  192. (1979). Travails of a Woman Fieldworker: A Small Town in Uttar Pradesh'
  193. (1996). Understanding the Gender System in Rural Turkey: Fieldwork Dilemmas of Conformity and Intervention'
  194. (1996). UNDP's Gender Related Development Index', Economic and Political Weekly,
  195. (1989). Unruly Practices : Power,
  196. (1978). Western Law in India: External Law and Local Response'
  197. (1986). What Kind of Agenda for Gender Justice'
  198. (1990). Whatever Happened to the Vedic Dasi: orientalism, Nationalsim and a script for the past'
  199. (1995). When Marriage is Not a Marriage? Sex, Sacrament and Contract in Hindu MaiTiage', Contributions to Indian Sociologyý-VOI -29, NTOs "S
  200. (1988). Who Sows? Who Reaps? Women and Land Rights in India',
  201. (1994). Woman's Assertion of Legal Rights to Ownership of Property'
  202. (1989). Women Agricultural Labourers and Land O%vners in Kerala and Tamil Nadu: Some Questions about Gender and Autonomy in the Household'
  203. (1995). Women and Development: A Cntique'
  204. (1992). Women and Family Law Reform in India: Uniform Civil Code and Gender Equality, Sage Publications,
  205. (1984). Women and Men; Kinship and Property: Some General Issues [1]'
  206. (1994). Women and the Family Law'
  207. (1996). Women and the Hindu Tradition'
  208. (1988). Women and Work in Rural Society'
  209. (1982). Women in Agriculture: Counting the Labour Force in Developing Countries'
  210. (1996). Women in Indian Society: A Reader,
  211. (1993). Women in Manu's Philosophy,
  212. (1988). Women Labourers, Women Cultivators and Contribution to Agriculture'
  213. (1993). Women, Agriculture and the Sexual Division of Labour'
  214. (1989). Women, Work and Property in North-West India'
  215. (1988). Women: The Last Colony,
  216. (1985). Women's Domestic Work and Economic Activity',
  217. (1994). Women's Interests and Empowerment: Gender Planning Reconsidered',
  218. (1987). Women's Perspective as a Radical Critique of Sociology'
  219. (1970). Women's Role in Economic Development, Allen and Unwin,
  220. (1985). Women's Work in Third World Agriculture,
  221. (1985). Women's Work, Welfare and Status: Forces of Tradition and Change in India'
  222. (1988). Work Participation and Time Allocation Pattern among Rural Women'
  223. (1985). Work Participation of Rural Women in Third World: Some Data and Conceptual Biases'
  224. (1994). Work Participation, Gender and Economic Development: A Quantitaive Anatomy of the Indian Scenario',
  225. (1993). Writing Women's worlds: Bedouin Stories,

To submit an update or takedown request for this paper, please submit an Update/Correction/Removal Request.