India : Implementing Sex Equality Through Law

In this article, Nussbaum points to the unsteady progress of women’s rights in Indian law. She suggests that a more robust legal education, exposing up-an-coming legal professionals to women’s issues and perspectives; and better representation of women, especially minority women at the national level, are promising avenues for progressive reform. Nussbaum addresses three broad areas of development in women’s rights: India’s system of personal laws, constitutional non-discrimination provisions, and laws of substantive due process. Nussbaum concludes by affirming that catalysts from within Indian politics are more promising for long-term reform than those intervening externally. The criticisms and proposals contained in this article, while particular to the Indian context, emphasize the kinds of cultural and religious complexities that legal advocates of women’s social and political rights face in any diverse jurisdiction.