Access to Housing Rights and Property Rights for Women: Select Study in Delhi and NCR Regions

2019 ◽  
Vol 65 (2) ◽  
pp. 475-493 ◽  
Author(s):  
Bijayalaxmi Nanda ◽  
Savita Sinha ◽  
Venika Menon
Keyword(s):  
Property Rights ◽  
Gender Issues ◽  
Material Structure ◽  
Group Discussions ◽  
Housing Policies ◽  
Gender Policy ◽  
Legal Provisions ◽  
Housing Rights ◽  
Women In India ◽  
Desk Review

This article critically evaluates the housing policies and legal provisions regarding property rights for women in India. It interrogates the inclusion of gender within the policies, programmes and laws, and exposes its biases and skewed priorities. Through a desk review of the policies and programmes and an examination of court judgements, it provides an understanding of the contestations and challenges that exist therein. With carefully conducted interviews and focussed group discussions with women beneficiaries and policy implementers, this article strives to enrich the analysis. It provides a set of suggestions and recommendations on enhancing awareness on women’s right to property and providing women greater access to housing rights. Although the fieldwork has been conducted in Delhi–NCR region, it has implications for the country as a whole. Overall this article contextualises the debates on gender, policy, laws and institutions in a broader framework of material structure s and a patriarchal society. It highlights the significance of creating awareness on gender issues for all concerned, including policymakers, implementers, judiciary and the women beneficiaries themselves.

Domestic Violence and the Islamic Tradition

2015 ◽  
Vol 32 (2) ◽  
pp. 130-133
Author(s):  
Hamid Mavani
Keyword(s):  
Religious Freedom ◽  
Historical Context ◽  
Minority Rights ◽  
Gender Issues ◽  
Post Colonial ◽  
Islamic Tradition ◽  
Legal Provisions ◽  
Novel Reading ◽  
Analytic Skills ◽  
Do So

The polyvalent Qur’anic text lends itself to multiple interpretations, dependingupon one’s presuppositions and premises. In fact, Q. 3:7 distinguishesbetween muḥkam (explicit, categorical) and mutashābih (metaphorical, allegorical,symbolic) verses. As such, this device provides a way for reinterpretingverses that outwardly appear to be problematic – be it in the area ofgender equality, minority rights, religious freedom, or war. However, manyof the verses dealing with legal provisions in such areas as devotional matters,marriage, divorce, child custody, inheritance and bequest, and specific punishmentsappear to be unequivocal, categorical, and explicit. As such, scholarshave devised certain hermeneutical strategies to situate and contextualizethese verses in a particular socio-historical context, as well as to emphasizethat they were in conversation with the society to which the Qur’an was revealedand thereby underlining the “performative” (p.15) nature of the relationshipbetween the Qur’an and the society.No verse is more problematic, in the sense that it offends contemporarysensibilities and is quite difficult to reconcile with an egalitarian worldviewwhen dealing with gender issues, than Q. 4:34, which allows the husband todiscipline his wife if he deems her guilty of nushūz (e.g., disobedience, intransigence,sexual lewdness, aloofness, dislike or hatred of himself). AyeshaChaudhry undertakes a study of this challenging verse by engaging the corpusof literature in Arabic from the classical period to the seventeenth century; shealso includes Urdu and English sources for the post-colonial period.She starts off by relating her personal journey from a state of discomfortand puzzlement when she first came across this verse in middle school to adefensive posture in trying to convince herself by invoking the Prophet’scompassion toward his wives and in cherishing the idea that the Qur’an gavemore rights to women than either the Hebrew Bible or the New Testament.She began a more rigorous and nuanced study of this verse after equippingherself with the necessary academic tools and analytic skills during her universitystudies. Frustrated with the shallow responses and the scholars’ circumspectionas regards any creative and novel reading of the verse for fearof losing their status in the community, she decided to do so herself with thehope of discovering views that would promote an egalitarian reading ...

scholarly journals Gender policy Challenges: definitions, history and global public policies for black, indigenous and women of the periphery

Esferas ◽  
2020 ◽  
pp. 1
Author(s):  
Eugenia McGill
Keyword(s):  
Public Policies ◽  
Academic Research ◽  
Gender Issues ◽  
Public Affairs ◽  
Gender Inequalities ◽  
Columbia University ◽  
Global Context ◽  
Gender Policy ◽  
Poor Women ◽  
Global Agenda

Eugenia Mcgill is a professor at the School of International and Public Affairs at Columbia University. She granted this interview to Esferas Journal addressing the topic of gender equality public policies and the importance of this field in academic research, in society and in the global context. Professor McGill discussed the need for society to understand what gender issues are, and how they result in inequalities and injustices in countries. The challenge is to build a global agenda to eradicate gender inequalities, especially among black, indigenous, and poor women around the world. In the transcription that follows, we chose to keep the oral aspects of the interview.

Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Chris Martin
Keyword(s):  
Property Rights ◽  
Consumer Protection ◽  
Rental Housing ◽  
Housing Rights ◽  
Additional Protection ◽  
Legislative Framework ◽  
Emergency Measures

In response to the COVID-19 pandemic, Australian states and territories implemented eviction moratoriums and measures to vary rent obligations – a remarkable response for jurisdictions that have, for decades, regulated residential landlord-tenant relations on a model of mild consumer protection, market rents and ready termination. This article examines the COVID-19 emergency measures and their implications for tenants’ housing rights, and landlords’ property rights. After reviewing the Australian rental housing system’s structure and legislative framework, the article examines in detail the COVID-19 emergency measures regarding evictions and rents in each state and territory. These vary in form and content, mostly on a pattern of additional protection from eviction for a core ‘hardship’ group, and variation of rents by individual negotiation. The article considers problems in the emergency measures, and points on which enduring reforms may be built, as well as critically appraising the argument that property rights protections limit the scope for reform.

The Forgotten Widows of Vrindavan in India

2020 ◽  
pp. 61-77
Author(s):  
Rekha Pande
Keyword(s):  
Data Collection ◽  
Women's Movement ◽  
Special Focus ◽  
Work Experiences ◽  
Human Beings ◽  
Group Discussions ◽  
Cultural Status ◽  
The Government ◽  
The City ◽  
Women In India

This chapter looks at some of the issues of old women in India with a special focus on widows in the city of Vrindavan. In India, social mores inhibit women from re-marrying, resulting in an increased likelihood of women ending up alone. In many conservative Indian Hindu families, widows are shunned because they're seen as bringing bad luck. Most of these widows find refuge in Vrindavan. The data for this study was collected through interviews with 50 widows and two group discussions in the six homes (ashrams) for the widows. Data was collected pertaining to their age, literacy, socio-economic background, marriage, life after marriage, work, experiences of widowhood, and their stay in Vrindavan. The chapter concludes by stating that very little information is available on these widows. There is a need for better data collection and research on the inheritance practices, socio-economic and cultural status of widows, as widows are left out of many schemes and policies of the government. These widows need to be treated as human beings and brought to the mainstream of the women's movement.

GENDER ISSUES AND THE NIGERIAN CONSTITUTION: A RAY OF LIGHT, OR TWILIGHT ON THE HORIZON?

2016 ◽  
Vol 3 (1) ◽  
pp. 114-132
Author(s):  
Iyabode Ogunniran
Keyword(s):  
Gender Issues ◽  
Gender Quotas ◽  
Constitutional Amendments ◽  
Economic Rights ◽  
Gender Policy ◽  
Participation Of Women ◽  
Positive Rights ◽  
The Government ◽  
To Come ◽  
And Gender

The consensus in modern democracies is that constitutions should be based on inclusivity. However, the Nigerian constitution is replete with provisions which are interpreted to either deny the realities of women or outright discriminate against them. This article examines the intersections of gender, law and the Nigerian constitution. It argues that women have played a minimal role in the history of constitution making. The inclusion and interpretation of equality; non-discrimination; negative vs. positive rights and gender quotas are biased. The article posits that a conscious effort to give women presence in the polity started in the Nigerian Fourth Republic. The National Gender Policy mainstreamed gender to increase the participation of women in politics and hoisted favourable economic strategies. In addition, in 2014, President Goodluck Jonathan inaugurated a national conference, where far-reaching resolutions were made on gender issues. Consequently, some of the socio-economic rights have been made justiciable and imputed in the latest Constitutional Amendments Bill. An impasse between the president and the National Assembly led to his refusal to assent. The tenure of the government has ended and the resolutions of the conference may not be revisited for some time to come. In contrast to the earlier position, the Nigerian Supreme Court, in two notable decisions, strongly condemned discriminatory inheritance customary practices. The author’s finding is that constitutional amendments and a continuous active stance by the courts, amongst others, offer leeways for women’s development.

Social Empowerment of Women in India With Special Focus on the Recent Supreme Court Landmark Decisions

2020 ◽  
pp. 398-414
Author(s):  
Chengappa M. P. ◽  
Aishwarya Roy
Keyword(s):  
Economic Development ◽  
Practical Implication ◽  
Fundamental Rights ◽  
Special Focus ◽  
Court Cases ◽  
Legal Provisions ◽  
The Social ◽  
Social And Economic Development ◽  
Social Empowerment ◽  
Women In India

Historically, women have been attached with so many disabilities. Much attention has not been paid to the social and economic development of the women despite women consisting of half of the population. Apart from constitutional and fundamental rights, there is a separate chapter created under the Indian constitution (i.e., Directive Principles of State Policy), which mandates the state towards positive obligation for the empowerment of weaker sections of the society including women. The contribution of Parliament through the enactment of a law for the social development of women is positive. The Apex court in India struck down so many archaic legal provisions that discriminate against the women in its various decisions. The objective of the chapter is 1) an analysis of the methodology adopted by the court for the empowerment of the women, 2) to access the practical implication of court cases on the social empowerment of women, and 3) to look into the strategy adopted by the executive or government in furtherance of the said landmark decisions.

Arbeitsvermittlung im Spannungsfeld von Dienstleistung und Kontrolle – Eine multimethodische Studie zu Eingliederungsvereinbarungen in der Grundsicherung für Arbeitsuchende

2021 ◽  
Vol 70 (99) ◽  
pp. 1-20
Author(s):  
Monika Senghaas ◽  
Sarah Bernhard
Keyword(s):  
Service Provision ◽  
Qualitative Interviews ◽  
Group Discussions ◽  
Street Level ◽  
Legal Provisions ◽  
The Social ◽  
Social Code ◽  
Street Level Bureaucrats ◽  
And Control ◽  
Back To Work

Zusammenfassung Arbeitsvermittler*innen wenden als Street-Level Bureaucrats die Bestimmungen des Sozialgesetzbuches II auf einzelne Bürger*innen an. Sie handeln dabei im Spannungsfeld der institutionellen Logiken von Dienstleistung und Kontrolle, die über die sogenannte Eingliederungsvereinbarung – einem Vertrag zwischen Jobcenter und Arbeitsuchenden – handlungsrelevant werden. Der Beitrag untersucht anhand standardisierter und qualitativer Befragungen von Arbeitsvermittler*innen, wie diese mit dem „doppelten Mandat“ des Dienstleistungs- und Kontrollauftrags umgehen und wie sie die Mehrdeutigkeiten der Eingliederungsvereinbarung in der Interaktion mit Arbeitsuchenden verarbeiten. Die Analyse zeigt, dass Arbeitsvermittler*innen fall- und prozessbezogen kooperative oder direktive Elemente der Eingliederungsvereinbarung akzentuieren. Sie beschreiben jedoch auch Fallkonstellationen, in denen sie ihren Entscheidungsspielraum zum Einsatz der Eingliederungsvereinbarung als unzureichend wahrnehmen oder in denen die Eingliederungsvereinbarung zu einer bürokratisch-leeren Übung wird. Abstract: Job Placement Between Service Provision and Control. A Multi-Method Study on Back-to-Work Agreements As street-level bureaucrats, jobcentre advisors apply the legal provisions of the Social Code II to individual cases. In doing so, they act along the institutional logics of counselling and control, which become relevant for action through the back-to-work agreement – a contract between jobcentre and jobseeker. Based on a standardised survey and qualitative interviews and group discussions in jobcentres, this article examines how jobcentre advisors reconcile the logics of service provision and control in their interaction with clients. It is shown that jobcentre advisors accentuate cooperative or directive elements of the back-towork-agreement on a case-by-case basis. They also describe constellations in which they perceive their discretion regarding the back-to-work agreement as insufficient or in which the back-to-work agreement becomes a bureaucratic and empty exercise.

Gender, Security, and Peacebuilding

2021 ◽  
pp. 203-216
Author(s):  
Sarah Smith
Keyword(s):  
Gender Issues ◽  
Gender Theory ◽  
Conflict Studies ◽  
Security Governance ◽  
Gender Policy ◽  
Peace And Conflict Studies ◽  
Peace And Conflict ◽  
Peace And Security ◽  
And Gender ◽  
Feminist Work

This chapter examines how gender is relevant to, shapes, and is shaped by security and peacebuilding. It considers gender issues in security and peacebuilding, examines gender policy in peacebuilding, and provides a reflection on the future of the field based on the significant contributions of feminist work to security and peace theorizing. It highlights two significant contributions of feminist and gender theory in security and peacebuilding: making visible previously marginalized experiences and knowledge and exposing the gendered logics that inform this exclusion and are fundamentally entwined with and productive of the priorities and practices of security and peacebuilding. This means that rectifying gender-discriminatory understandings of peace and security requires a reconceptualization of what constitutes security and peace, and the institutions and processes that pursue these goals. These imperatives are directed at both peace and security governance as well as peace and conflict studies as a field of academic study.

scholarly journals Walking the Tight Rope: Balancing the Property Rights of Individuals with the Right to Housing of Informal Settlers

2016 ◽  
Vol 1 (2) ◽  
pp. 95-118
Author(s):  
Doris Matu
Keyword(s):  
Property Rights ◽  
Human Dignity ◽  
Legal Framework ◽  
Bill Of Rights ◽  
Fundamental Freedom ◽  
Housing Rights ◽  
Fundamental Freedoms ◽  
Tight Rope ◽  
The Right ◽  
Privately Owned

The Constitution of Kenya, 2010 provides for the right to property in Article 40. Further, in Article 43 (1)(b), it provides for the right to accessible and adequate housing. The purpose of this article is to show the conflict that arises between the right to property for owners of land and the right to housing of the informal settlers living on these privately owned lands. The main objective is to investigate the concept of illegal forced evictions and the legal framework that surrounds the practices that render such evictions against the principle of human dignity and the right to accessible and adequate housing in the context of informal settlements. The 2010 Constitution states that every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom. This renders important the concern that arises when persons informally settle onto land that they have no legal title to; what is the balance to be maintained between property rights and housing rights as provided for in the Bill of Rights.

Sign in / Sign up

Export Citation Format

Share Document