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Hustling the State Hustling the State Women’s Movements as Policy Entrepreneurs: Engaging the State in India Charu Bhaneja A thesis submitted in conformity with the requirements for the degree of Doctorate of Philosophy Graduate Department of Political Science University of Toronto © Copyright by Charu Bhaneja (2014) ~ ii ~ Hustling the State Women’s Movements as Policy Entrepreneurs: Engaging the State in India Charu Bhaneja Doctorate of Philosophy Department of Political Science University of Toronto « 2014 » Abstract This study examines the opportunities and constraints women activists confront as they pursue strategies to influence public policy in a fluctuating, diverse and complex political arena. To illustrate this, I suggest that engagement with the state can be efficacious in certain instances (violence against women) but that in those cases where women face structural constraints (women’s political representation), where the challenges are powerful, opportunity to have an impact is limited. Examining the extent to which the state has been an arena where women’s groups have been able to demand and achieve change provides significant insights into political environments that shape women’s agency and advocacy within that region. My doctoral thesis takes a multi-level approach in order to understand the impact of women’s movements on the state and its institutions. I maintain that women’s movement activity elicits state responsiveness and I analyze three factors to support my claim. First, I consider what government is in power and how open it is to engagement. Secondly, I consider how cohesive the women’s movement is on a particular issue and thirdly, I iii maintain that women’s national machinery can be an effective channel for implementing women’s interests. Building on theoretical ideas from New Social Movement theory and theories on women and the state, my research forms a bridge by combining a macro-meso-micro analysis that captures both the women’s associational field itself and the complex interactions between civil and political society. Drawing on data from my qualitative research I demonstrate that national governments do not act unless otherwise pushed from women’s movements proving that pro-women legislation has not been possible without the organization and mobilization of women’s groups. The implications of the findings presented in this thesis suggest that women are the strength of institutions and are imperative to the functioning of women’s national machinery hustling the state as policy brokers. iv Acknowledgments This study would have not been possible without the support and guidance from a number of individuals who I am deeply indebted to. First and foremost I want to thank my advisor Professor Judith Teichman. It has been an honour to be her Ph.D. student and I am truly indebted to her in getting me through probably one of the biggest challenges of my life. I appreciate all her contributions of time, ideas, and funding to make my Ph.D. experience productive and stimulating. The joy and enthusiasm she had for my research was contagious and motivational for me, even during tough times in the Ph.D. pursuit. Over the years, there were many times I was ready to give up on this endeavour however Professor Teichman’s encouragement and critical insights into my work kept me going. I would like to thank the members of my thesis committee: Professor Jacques Bertrand Professor Arthur Rubinoff and Professor Paul Kingston for their time, interest, and extensive feedback. I feel very fortunate to have worked with such remarkable academics whose wisdom and insights have had a profound impact on my research. I would like to acknowledge the School of Graduate Studies and the Department of Political Science for the financial support they provided throughout my field work phase. I was extremely fortunate to receive this funding without which my field trips to India would not have been possible. I would like to express my gratitude to all the strong, courageous and fiery women who agreed to participate in this study. Your lives and work are a testament to the spirit of women’s activism globally and I feel privileged to have had the opportunity to learn from you. A special mention goes to the Centre for Women’s Development Studies in New Delhi for their kind welcome. I am grateful to Mr. Banerjee for granting me institutional affiliation with the Centre, and Dr. Kumad Sharma and Ms. Leela Kasturi for taking the time to familiarize me with the Centre, key members and staff. I would like to especially thank the Library and Information Services staff for their time and help in navigating me through a comprehensive collection of published and unpublished material. Ms. Madhu Shree, Ms. Ratna Sharma and Ms. Deepa Singhal were always available and without their help I would not have had access to a wealth of invaluable research material that was critical to my work. Finally I must acknowledge the unwavering support of my parents, Suresh and Pushpa Bhaneja. Words can scarcely express the gratitude I feel towards you for being the two greatest teachers in my life. You have both always supported me in whatever path I have chosen to take and your persistent faith in me has allowed me to believe in myself. You have been on this journey with me from beginning to end, enduring the triumphs and the challenges. This project is the result of all the time, money, and energy you spent in going with me on my field trips. There is no father in the world that would go to Delhi to drive his daughter around to all her early morning interviews, cutting circles in government offices and waiting around for hours until I was finished. My mother, my best friend, who was emotionally there for me, always kept me smiling and laughing, sweeping me off to the Taj Mahal for my birthday as a weekend getaway I will never forget. For that and so much more, this PhD is as much yours as it is mine. v TABLE OF CONTENTS PAGE ABSTRACT ......................................................................................................................................................... i ACKNOWLEDGMENTS ............................................................................................................................. iii ACRONYMS ..................................................................................................................................................... v TABLES ........................................................................................................................................................... vii APPENDICES ............................................................................................................................................... viii CHAPTERS CHAPTER 1 – Introduction: Environments, Movements, and Institutions ......................................................... 1 CHAPTER 2 – The Shifting Political Environment I: From Congress Party Stability to Fractured Coalitional Politics ....................................................................................... 30 CHAPTER 3 – The Political Environment II: The Ideational Context ................................................................ 56 CHAPTER 4 – Movements Matter: Unity and Difference Collide Over Violence Against Women and Women’s Political Representation ................................................................................................... 77 CHAPTER 5 – Mobilization: Pushing the Domestic Violence Bill Forward ....................................................... 99 CHAPTER 6 – Reservations for Women: Political Resistance and a Divided Women’s Movement ........................................................................................................................................ 132 CHAPTER 7 – Government Institutional Responsiveness to Women: Accounting for the two Divergent Cases ................................................................................................................................................... 172 CHAPTER 8 – Conclusion ......................................................................................................................................... 207 REFERENCES ..................................................................................................................................... 219 vi Acronyms All India Anna Dravida Munnetra Kazhagam AIADMK All India Democratic Women’s Association AIDWA All India Trinamool Congress AITC All-India Women’s Conference AIWC Asom Gana Parishad AGP Bahujan Samaj Party BSP Bharatiya Janata Party BJP Biju Janata Dal BJD Center for Feminist Legal Research CRLR Centre for Social Research CSR Central Social Welfare Board CSWB Centre for Women’s Development Studies CWDS Committee on the Status of Women in India CSWI Common Minimum Programme CMP Communist Party of India (Marxist) CPM Communist Party of India CPI Community Development Programme CDP Convention on the Elimination of Discrimination CEDAW Criminal Procedure Code CPC Dravida Munnetra Kazhagam DMK Five Year Plans FYP Government of India GOI Indian Administrative Service IAS Indian Electoral Commission IEC Indian National Congress INC Indian Penal Code IPC Indian Women’s Movement IWN Indian Social Institute ISI Institute of Social Studies Trust ISST International Center for Research on Women ICRW International Commission of Jurists ICJ Janata Dal JD Janata Party JP Joint Action Front for Women JAFW Joint Select Committee JSC Joint Women’s Programme JWP Law Commission LC
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