Browsing by Author "Gagneja, Shaveta"

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Open Access
Conceptualising the Rights of Muslim Women in Context of Islamic Personal Law
(University of North Bengal, 2019-09) Gagneja, Shaveta
Despite the constitutional commitment for the gender-just laws and equal safeguards for minorities still Muslim women face considerable challenges as a member of largest minority and, are among the poorest, economically vulnerable, educationally and politically marginalized group in the country. Personal law, based on religious laws as modified by state legislation and judicial precedent, governs family relations including marriage, divorce, inheritance and maintenance and applies to individuals on the basis of their religious identity have become the benchmarks of a gender-just existence. According to Sacher Committee report media has extensively highlighted on select cases of Muslim women passionately in identifying the Muslim religion as the sole locus of gender injustice in the Community. In this paper author shall attempt to provide an exposition of statutory and judicial framework of India’s religion-state relations and further illustrate the rights of Muslim women laid down under Holy Qur’an for the protection of Muslim Women. It also briefly look in to the legislative enactments of The Muslim Women (Protection of Rights on Marriage) Act, 2019 over the triple talaq.
Open Access
The Exploration of the Hijra Cult’s Hidden Ethnographic Aspects: Fluid Identities of the “Third Sex” in India
(University of North Bengal, 2024-03) Gagneja, Shaveta
Transgender is an umbrella term that refers to individuals who have a gender identity or gender expression that differs from their biological sex assignment. Due to their independence from sexual orientation, they have frequently been referred to as the “third sex” neither male nor female. The hijra’s are individuals of various physical and sexual characteristics, including transsexual, transgender, transvestite, homosexual, and asexual individuals, as well as hermaphrodites or intersexed individuals, and eunuchs. The majority of hijra are gender nonconforming individuals who have a long history in India, where they have played significant roles in Hindu society for over 2000 years. Although it is widely believed that Hijra’s are bestowed with the ability to bless, the issues confronting these communities have not been adequately explored due to the community's hidden nature. An attempt has been made to illuminate the hidden truths about this ethnic community’s way of life, as well as to investigate the community’s unconventional traditions and unique cults. The ethnographic component of the manuscript will be examined in the first section of the manuscript, with a focus on delineating the theoretical frameworks within which hijra identity exists. The section that follows will go over the process of becoming a Hijra, as well as their religious and cultural practises. As a result, this article focuses not only on Hijra subjectivity, but also on Hijra perspectives and the process of being recognised as a third gender.