DOCSLIB.ORG

In the Supreme Court of India Civil Appellate Jurisdiction

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the Supreme Court of India Civil Appellate Jurisdiction IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 2705 of 2006 IN THE MATTER OF: State of Maharashtra ….. Appellant versus Indian Hotel and Restaurants Association and Anr. ….. Respondent Written Submissions by Anand Grover, Senior Advocate for the Respondents No. 1 to 6 in S.L.P arising out of Writ Petition No. 2338 of 2005 and Respondents No. 1 and 2 in S.L.P. arising out of Writ Petition No. 2587 of 2005. I. INTRODUCTION 1. The Respondent No. 1 in W.P. No. 2338 of 2005 is Forum Against Oppression of Women (FORUM), an autonomous, voluntary and non-funded group which has been working on women’s issues for the last 30 years. 2. The Respondent No. 2 in W.P. No. 2338 of 2005 is Aawaaz-e-Niswan (AEN), a registered women’s organisation dedicated towards fighting for gender equality, since last 20 years. 3. The Respondent No. 3 in W.P. No. 2338 of 2005 is Women’s Centre, an all- women’s registered NGO, working on protection of women from violence and harassment. 4. The Respondent No. 4 in W.P. No. 2338 of 2005 is Akshara, an NGO strengthening women’s rights and empowerment by enhancing their agency and capabilities. 5. The Respondent No. 5 in W.P. No. 2338 of 2005 is Women’s Research and Action Group (WRAG), a registered trust, working towards the promotion of the social and legal status of women from marginalised, disadvantaged, and under- represented communities. 1 6. The Respondent No. 6 in W.P. No. 2338 of 2005 is India Centre for Human Rights and Law, a registered human rights organization, working on access to justice for vulnerable and the marginalised communities. 7. The Respondent No. 1 in Writ Petition No. 2587 of 2005 is the Sanmitra Trust, a registered trust that supports sex workers’ health and rights through access to services including for the prevention of HIV. 8. The Respondent No. 2 in Writ Petition No. 2587 of 2005 is Ekta Self Help Group, a self help group consisting of 10 bar dancers in Mumbai. II. ABOUT THE CASE 9. The present case concerns the constitutional validity of sections 33A and 33B Bombay Police (Amendment) Act, 2005 (hereinafter ‘BPA’) that sought to ban the performance of dance in eating houses, permit rooms and beer bars, while exempting certain establishments, namely drama theatres, gymkhanas and three starred and above hotels from the operation of the ban. 10. The said law was challenged before the Hon’ble High Court of Bombay on the grounds of violation of the fundamental rights to equality, non-discrimination, freedom of speech and expression, freedom to practice any profession or trade and the right to livelihood, dignity, autonomy and health under Articles 14, 15, 19(1) (a), 19 (1) (g) and 21 of the Constitution respectively. 11. By its final order and judgment dated 12.04.2006, the Hon’ble High Court struck down the impugned law on the ground that it violates Article 14 and Article 19 (1) (g) of the Constitution, since the classification between the establishments covered under Sections 33A and 33B of the BPA had no rational nexus with the object of the legislation, which was to prevent vulgar and obscene dancing in the eating houses, permit rooms or beer bars (hereinafter collectively referred to as ‘dance bars’). The Hon’ble High Court also upheld the challenge under Article 19(1)(g) on the basis that the impugned law prevented the bar owners and dancers from exercising their freedom of occupation and was not a reasonable restriction within the meaning of Article 19(6) and was thus void. III. CLARIFICATION OF FACTS Appellant’s claims 12. The Appellant has raised a number of contentions in support of the ban on dance bars. These include:- 2 i. that women who dance in bars are trafficked or compelled to dance against their will; ii. that a significant number of dancers are minor or under the age of eighteen years; iii. that the majority of dancers are from states outside Maharashtra which confirms the allegation of inter-state trafficking; iv. that dancing in bars is a ‘gateway’ to prostitution v. that bar dancing is associated with crime and breeds criminality vi. that the conditions in dance bars are exploitative and dehumanizing for women vii. that bar dancing contributes to social-ills such as illicit affairs between dancers and the male visitors, break up of family and domestic violence against wives of men visiting the dance bars It is submitted that the above-mentioned contentions are founded on incorrect, exaggerated or overstated claims. Documents relied upon 13. The Appellant has relied on two documents to corroborate its claims. These are: “A study of the Socioeconomic situation and rehabilitation needs of women in dance bars” by PRAYAS and TISS, which was conducted in April-May 2005 after the decision to impose the ban was taken by the Appellant (hereinafter “Prayas study”) (Annexure A-1 of Volume IV) and; A study report of Shubhada Chaukar on problems of Mumbai’s Bar Girls, 1998. (Annexure A-2 of Volume IV) 14. The Prayas study has a sample size of 72 respondents while Shubhada Chaukdar surveyed 50 bar dancers. The total number of bar dancers is estimated to be over 75,000. The samples in the above two surveys are very small and unrepresentative of the population of bar dancers in Maharashtra. 15. There is a third study, entitled “Background and Working Conditions of Women Working As Dancers in Dance Bars” conducted by the Research Centre for Women’s Studies, SNDT University and Forum Against Oppression of Women in 2006 (hereinafter “SNDT study”), (Annexure A-4 at Volume IV) which interviewed a larger group of 500 dancers. This survey contradicts many of the findings of the Prayas study. To illustrate, while the Prayas report documents ‘elements of human trafficking’ in the entry of women into bar dancing, the 3 SNDT study concludes that none of the dancers were trafficked or forced to dance in the bars. Even where their findings are similar, the conclusions drawn by Prayas and the SNDT reports are starkly different. For instance, the fact that a considerable number of dancers are from states outside Maharashtra or have low levels of education raises an alarm of trafficking in the Prayas report. But the SNDT study notes that the background, profile and living conditions of dancers is no different from that of other poor and unskilled migrants, who come to Mumbai to earn a living and that applying the ‘trafficking’ lens to the former is unjustified. 16. For reasons best known to them, the Appellant has chosen to rely on the Prayas study to support its contentions and ignored the findings of the SNDT study, despite it being more representative than the other two. 17. The Appellant has not made any inquiry by itself or commissioned a survey of the dance bars. There was no material collected by the Appellant on the nature of performances and conditions in licensed establishments, to support the differential treatment between section 33A and section 33B of the BPA. The Hon’ble High Court has rightly noted the absence of materials produced by the Appellant - “No survey or any report was prepared or commissioned by the State Government, before the Cabinet took the decision to introduce the ban.” Police complaints and FIRs 18. The Appellant has sought to rely on Police complaints; FIRs registered against the dance bars to substantiate their contentions. After a perusal of these materials, the Hon’ble High Court found no substance in the claims that there was trafficking or prostitution associated with the dancing. The High Court also noted that a large number of women are employed in the bars as waitresses, orchestra singers and attendants who serve customers, otherwise than through dancing, who are not thought of as being trafficked or vulnerable to exploitation. 19. Official data on the incidence of trafficking crimes is available from the National Crime Records Bureau (“NCRB”), of the Ministry of Home Affairs, Government of India. The NCRB’s annual report ‘Crime in India’ provides the most reliable statistics on crime, including the crime of human trafficking, as recorded under the Indian Penal Code and Special Legislations like the Immoral Traffic (Prevention) Act, 1956. The figures below for Maharashtra (reproduced from NCRB reports for the years 2004 to 2011) do not show any nexus between dance bars and trafficking in women. 4 NCRB data on Human Trafficking Offences in Maharashtra from 2004-2011 onwards Offences 2004 2005 2006 2007 2008 2009 2010 2011 Buying of 23 31 25 29 27 20 Girls for Prostitution (Section 373, IPC) Selling of 1 0 1 2 1 2 Girls for Prostitution (Section 372, IPC) Procuration 15 13 13 42 26 20 of Minor Girls (Section 366A, IPC) Importation 0 0 1 0 0 0 0 0 of Girls (Section 366B, IPC) Immoral 309 222 378 322 327 271 306 390 Traffic (Prevention) Act, 1956 Child 15 7 5 Marriage Restraint Act Impact of the ban on dance bars 20. By its judgment dated 12.4.2006, the Hon’ble Bombay High Court declared the impugned provisions unconstitutional under Article14 and Article 19(1)(g). However, in May 2006 the Appellant obtained a stay, which prevented the dance bars from reopening. As a result, the bar dancers’ were unable to return to their 5 work. They have remained out of job, since August 2005. Over the last seven years, the Appellant made no attempt to offer alternative employment or economic opportunities to them.
Load more

Recommended publications
  • The 'Item Number' in Indian Cinema: Deconstructing the Paradox
    Journal of Culture, Society and Development www.iiste.org ISSN 2422-8400 An International Peer-reviewed Journal Vol.39, 2018 The ‘Item Number’ in Indian Cinema: Deconstructing the Paradox Isha Jain (Corresponding author) National Law School of India University, Bangalore, India Abstract The “item number” is a hyper-sexualised song-and-dance performance that is characteristic to mainstream Bollywood cinema. When viewed in the context of a general tendency towards the censorship of public depictions of sexualized women in other spheres of the Indian polity, the ubiquity and popularity of item numbers reflects a confounding cultural paradox. The aim of this article is to deconstruct this paradox, by identifying the narrative structures and plot devices employed by film-makers to market these performances without suffering the disapproval of either the Indian State apparatus or the purportedly prudish Indian cinema- goer. Introduction The Indian State, through both its formal and informal centres of power, continues to burden the Indian woman with the charge of guarding national pride, culture, and morality.1 The defiling of the Indian woman, synonymous with her sexualisation, is the defiling of India. This parallel is evident in the title of “Mother India”, a 1957 film centred around a de-sexualised, self-sacrificial female protagonist intended to be emblematic of both the ideal Indian woman and of India herself.2 Yet, the Indian film industry has succeeded at carving out a niche for the commodification and sale of female sexuality within a broader milieu characterised by the disapprobation of that very sexuality. Nowhere is this more apparent than in the “item number”,3 a hyper-sexualised cinematic performance that is both paradoxically and quintessentially Bollywood.
    [Show full text]
  • Making Women Visible: Gender and Race Cross-Dressing in the Parsi Theatre Author(S): Kathryn Hansen Source: Theatre Journal, Vol
    Making Women Visible: Gender and Race Cross-Dressing in the Parsi Theatre Author(s): Kathryn Hansen Source: Theatre Journal, Vol. 51, No. 2 (May, 1999), pp. 127-147 Published by: The Johns Hopkins University Press Stable URL: http://www.jstor.org/stable/25068647 Accessed: 13/06/2009 19:04 Your use of the JSTOR archive indicates your acceptance of JSTOR's Terms and Conditions of Use, available at http://www.jstor.org/page/info/about/policies/terms.jsp. JSTOR's Terms and Conditions of Use provides, in part, that unless you have obtained prior permission, you may not download an entire issue of a journal or multiple copies of articles, and you may use content in the JSTOR archive only for your personal, non-commercial use. Please contact the publisher regarding any further use of this work. Publisher contact information may be obtained at http://www.jstor.org/action/showPublisher?publisherCode=jhup. Each copy of any part of a JSTOR transmission must contain the same copyright notice that appears on the screen or printed page of such transmission. JSTOR is a not-for-profit organization founded in 1995 to build trusted digital archives for scholarship. We work with the scholarly community to preserve their work and the materials they rely upon, and to build a common research platform that promotes the discovery and use of these resources. For more information about JSTOR, please contact [email protected]. The Johns Hopkins University Press is collaborating with JSTOR to digitize, preserve and extend access to Theatre Journal. http://www.jstor.org Making Women Visible: Gender and Race Cross-Dressing in the Parsi Theatre Kathryn Hansen Over the last century the once-spurned female performer has been transformed into a ubiquitous emblem of Indian national culture.
    [Show full text]
  • `E Cvrtyvd A`Z E `W ` Cvefc
    ' @' ! 5)'' 98'=55*<85 " !; 5)'' )-<85 " !; 5)'' RNI Regn. No. MPENG/2004/13703, Regd. No. L-2/BPLON/41/2006-2008 24(5"$2# * - - 1 2-,3 4-,0 #=! '"B5 0C 0 ? 4 + 2 . D 00 4(0 .0 .. 2 4 222 2 0 0+22 ? + 4 4 + C . D C '4 0"1&223 A 2#8-' 9 ;;! 8=!' / . 67 681 -R ./0 . + - ! ! .+/// 0 said Pilot and 18 other MLAs ndia’s Covid-19 case load had defied a whip and did not Icrossed one-million mark ebel Congress leader Sachin attend its legislature party (10,04,348) on Thursday as RPilot on Thursday virtual- meetings. the country registered 34,421 ly shut the door on the Salve was then NDA fresh cases and 680 deaths. Congress and plunged into a Government’s top law officer The overall death count legal battle against threat of dis- from 1999 to 2002 and is cur- also crossed the psychological qualification with the help of rently based out of London, figure of 25,000 on Thursday as top legal eagles considered from where he fought India’s several State Governments close to the BJP. case against Pakistan in the brought back the lockdown Pilot also paid no heed to Kulbhushan Jadhav matter. measures. advice by the Congress leader- Rajasthan BJP unit is in India is adding one lakh ship to shun the “hospitality” of “wait and watch” mode. Party cases now in four days and the BJP Government in leaders maintained that the experts feel that in a fortnight Haryana, where he is camping BJP, as the main Opposition in the rate of daily growth in with 18 other Congress MLAs Rajasthan, will take “every absolute terms could further in two different hotels under action to see that the Gehlot spike.
    [Show full text]
  • Read Sangita's Writing on Bollywood Dance in Confluence
    COVER STORY POVERTY REDUCTION AND THE RHETORIC OF PARTICIPATION IMF/World Bank sanctimony exposed Palash Kamruzzaman he World Bank and IMF have proposed units of analysis, global measurement of ownership. First, a growing sense of ownership REFRACTIONS: Tthe Poverty Reduction Strategy Paper poverty, and the scale of planned policy has been suggested as a guiding principle AKADEMI IN THE (PRSP) framework for all poor countries intervention This ‘grand approach’ has taken for the preparation of a PRSP. Government SPOTLIGHT as a condition of receiving unconditional large communities and groups of people— authorities should draft the PRSP, which will debt relief under the HIPC Initiative. The entire countries with populations of millions ensure and reinforce country ownership. The PRSPs will also be the key vehicle for the - as the common units of analysis to assess IFI boards also agree on a more open dialogue World Bank and IMF and other donors for and understand poverty. A similar approach between governments and at least some part various assistance packages, including loans. has been adopted in the Poverty Reduction of the civil society. Such agreements show Like its predecessors, the PRSP framework Strategy Paper (PRSP) framework proposed that it is the World Bank and IMF that are promotes the ideas of ‘participation’ and by the World Bank and the IMF in 1999. not only suggesting the PRSP framework ‘ownership’. The ownership of such a grand Rather than an epic and philanthropic but also prescribing how PRSPs should framework cannot possibly rest with the discovery, the PRSP framework should be be prepared and how ownership can be poor countries or their people if the whole understood as the latest approach in the ensured.
    [Show full text]
  • Re-Reading the Voice of the Marginalized in Binodini's'amar
    Devi, Nati or Dasi- Re-Reading the voice of the Marginalized in Binodini’s‘Amar Katha’ in the backdrop of 19th century Colonial Bengali Theatre Dr. Sujata Mukhopadhyay “These are only the shadows of an unfortunate woman’s heartache. There is nothing in this world for me but everlasting despair and the fears of a heart filled with sorrow. And yet, there is not a soul who will listen even to this. There is no one in this world before whom I can lay bare my pain, for the world sees me as a sinner—a fallen woman. I have no kith and kin, no society, no friend—no one in this world whom I may call my own” - Rimli Bhattacharya Rise of Nationalism and 19th Century Colonial Bengali Theatre The rise of the Proscenium gave a new direction to theatre viewing in the second half of the 19th century. A brand-new way of sitting in front and watching the actors on stage with three sides closed, not only changed the quality of the theatre goers but also brought a metamorphosis in the content of the plays produced. The history of colonial Bengali theatre was dominated by jatras, kheurs and kathagaans. Theatre in the true sense was exclusively within the domains of the aristocrats who dwelled upon private theatres as a mode of entertainment. It was not inclusive of the middle class and least of all the lower classes . Jatra and such open forum of entertainment was the prevalent form of cultural expression of the masses. The advent of English education created a newly emergent middle class Bhadralok, who started questioning the native vulgarities of the kheur and kabigaan that were filled with sexual innuendoes.
    [Show full text]
  • Zone-1 Dongari Division 1 Prabhu Vishrantigruha 69,Pʼdmello Rd,Mumbai Suresh V Prabhu Shailesh 05/ Dongri Dongri Police Dongri 1 & Beer Bar V
    Establishment List of PPEL-A Licenses Sr Establishment Name Establishment Address Owner Name License No. Police Station Division Zone No Zone-1 Dongari Division 1 Prabhu Vishrantigruha 69,PʼDmello Rd,Mumbai Suresh V Prabhu Shailesh 05/ Dongri Dongri Police Dongri 1 & Beer Bar V. Prabhu St. 2 (JaiLaxmi )Navin Kolisamaj Bldg. Dr Sadashiv Muddanna Shetty 13/ Dongri Dongri Police Dongri Panjab BeerBar & Maheshwari Rd. St. 1 3 HotelPermitRoom Manohar Permit 24/26, P DʼMello Rd Sulochana Jayant Shetty 14/ Dongri Dongri Police Dongri 1 Room & Restaurant Wadibunder Mumbai 400009 St. 4 Hotel Nityanand Beer Takiwala bldg 80 Maheshwari Smt Laxmi Raghu Shetty 15/ Dongri Dongri Police Dongri 1 Bar & Restaurant Rd Mumbai 9 & Manoj R Shetty St. 5 Hotel Shapur Tipsy Tambawala bldg 56. Jail Rd Kaikhusra K Meharbani 16/ Dongri Dongri Police Dongri Bar & Restaurant Umerkhadi Mumbai-400009 Farokh k Meherbani St. 1 6 Vishwaraj Bar & 112,Purushottam bldg Ratnakar b Rai, Smt Jyoti 18/ Dongri Dongri Police Dongri Reastaurant Keshavaji Naik Rd, Mumbai 9 R Rai St. 1 7 Prakash Restaurant & 47, A C Patel Bldg. Keshavji Prakash V Suvarna, 19/ Dongri Dongri Police Dongri 1 Bar Naik Rd Chinch Bunder Purander, Kamalakar St. 8 Hotel Bumper Permit RajanMumbai Bldg, 400009 Dr Maheshwari UmeshPardeshi V BSuvarna, Patil, Vijay Smt B 22/ Dongri Dongri Police Dongri Room Rd Mumbai 4000 09 Patil, Sagar B Patil St. 1 9 Hotel Deepak Permit Bagdad Mansion 83 Jail Prema Sadanand Shetty 26/ Dongri Dongri Police Dongri 1 Room & Restaurant Rd,Mumbai 400009 St. 10 Parijat Hotel Permit 85/87,Babulal Tank Rd Bharat V Shetty 27/ Dongri Dongri Police Dongri Room Mumbai 4000 09 St.
    [Show full text]
  • A Conservative Rebel
    On July 21, 2005, the Bill to ban the dance bars in Maharashtra was Hypocritical Morality passed unanimously at the end of a ‘marathon debate’. It was a sad day Mumbai’s Ban on Bar Dancers for some of us paltry group of women activists, who had supported the bar Flavia Agnes dancers and opposed the ban. We were far outnumbered by the pro-ban group, the ‘Dance Bar Virodhi Manch’ had committed suicide because she declared, ‘We are not Taliban, but who had submitted 150,000 signatures did not get a job. He said it was more somewhere we have to put a stop. The to the Maharashtra state assembly dignified to commit suicide than moral policing we do, it is a good thing, insisting on the closure of dance bars. dance in bars. And the House but it is not enough … we need to do The ban comes into effect from applauded! The message for women even more of this moral policing.’ August 15. is clear: If you happen to be born in a Suddenly the term ‘moral policing’ had We were sad, not because we were poor family, you are better off dead! been turned into a hallowed phrase! outnumbered, not even because the Yet another congratulated the Deputy These comments were not from the ruling party members who had Bill was passed unanimously, but Home Minister for taking this bold and revolutionary step, but this was not tabled the Bill. They were from the because of the manner in which an enough. He urged that “hotels with Opposition.
    [Show full text]
  • RESEARCH REPORT Understanding Behaviour and Informing the Red Alert Approach 1 Issue No.1 // December 2015 by My Choices Foundation
    Issue No.1 // December 2015 By My Choices Foundation Preventing Sex trafficking in india Final Mile Research Paper Be on #REDALERT A study of compulsions behind Helping stakeholders under- A look into what makes men - Context suggestions for how to human behaviour to understand stand male behaviour that per- particularly fathers and young design effective messaging to causes on both supply and de- petuates the trafficking of young men participate in the selling change male behaviour and pre- mand side of human trafficking. girls for sexual exploitation. and buying of girls. vent sex trafficking. RESEARCH REPORT Understanding behaviour and informing the Red Alert Approach 1 Issue No.1 // December 2015 By My Choices Foundation Preventing Sex trafficking in india Final Mile Research Paper RED CONTENTS Be on #REDALERT IF YOU ARE ON RED ALERT SHE WILL BE SAFE RED ALERT Introduction The problem of traffick- ing and why behaviour is important. 01 Pg 06 Research objectives What are the Behav- iours we are trying to understand? How do they affect the supply and de- mand? Research 02Pg 08 METHODLOGY FInal Mile techniques and tar- geted demographics. 03 Pg 10 Results How we can affect male behaviour to 04 prevent human trafficking. Pg 14 ConClusion A Summary of the Final Mile Research paper. 05 Pg 38 RESEARCH REPORT 2 Understanding behaviour and informing the Red Alert Approach 3 Issue No.1 // December 2015 By My Choices Foundation Be on #REDALERT AKNOWLEDGEMENTS Core the to the Operation Red Alert approach is coalition building. From incep- tion, each part of our strategy has been built on the collective research and ex- perience of experts on trafficking, human behavior and marketing.
    [Show full text]
  • Annual Report 2012-2013
    Annual Report 2012-2013 Apne Aap Women’s Collective (AAWC) the right to a better life for women and children in red light areas from the CEO’s desk 11 October 2013 Dear friends of Apne Aap Women’s Collective, I first joined Apne Aap Women’s Collective (AAWC) in 1999, when it was just a one- room drop-in centre. Today, we run three programs with a wide range of services at two centres and have served more than 2,500 women and children in the red light area. On the occasion of our 15th anniversary, I am tremendously proud to see how far we have come and how much we have achieved. Over the past 15 years, our women, girls, and children have proved again and again to themselves and to society that they are not to be underestimated. I encourage you to read our Impact > Success Stories section to learn more about their remarkable stories. I am also proud to share some of AAWC’s milestones during the 2012-2013 financial year. In April 2012, we launched Sareelution, a vocational training program for Umeed women that teaches them to sew handbags from saree material. In September, AAWC was selected to attend Dasra Social Impact (DSI), a competitive seven- month program for high-impact NGOs and social enterprises, where I was able to learn many strategies for maintaining and improving the efficiency and sustainability of AAWC’s work. The following month, AAWC was selected as one of four NGOs to host an exhibit and receive funds raised at the Oberoi Hotel’s Melting Pot, a culinary festival hosted by consulates from 27 different countries.
    [Show full text]
  • Performing Caste: the Ban on Bar Dancing in Mumbai
    This work is protected by copyright and other intellectual property rights and duplication or sale of all or part is not permitted, except that material may be duplicated by you for research, private study, criticism/review or educational purposes. Electronic or print copies are for your own personal, non- commercial use and shall not be passed to any other individual. No quotation may be published without proper acknowledgement. For any other use, or to quote extensively from the work, permission must be obtained from the copyright holder/s. 1 Performing caste: the ban on bar dancing in Mumbai Sameena Dalwai PhD in Law October 2012 Keele University 2 ABSTRACT This thesis examines the ban on bar dancing in Mumbai and Maharashtra as an outcome of politics of gender and caste in a globalising India. By redeploying the historical erotic dancing in a globalising India, the dance bars emerged as the new market providing Bollywood-type entertainment with dance, music, and hospitality to the new consumer class. The Dance Bar market offered employment opportunities to poor women to earn a livelihood and proved to be an exceptional market where female labour was paid very well. By deploying their caste capital, i.e., the hereditary skills of dancing, drama and use of sexuality, the traditional dancing women occupied and ruled the dance bar market. To this extent, the bargirls may be viewed as a ‘performing caste’ continuing their hereditary caste occupations in a globalising capitalist market. However, while their relationship to the customer was defined through the market and they earned money, status and power through their occupation, the bargirls challenged, transformed and redefined the caste hierarchy by the use of ‘caste capital’.
    [Show full text]
  • Beneath the Red Dupatta: an Exploration of the Mythopoeic Functions of the 'Muslim' Courtesan (Tawaif) in Hindustani Cinema
    DOCTORAL DISSERTATIO Beneath the Red Dupatta: an Exploration of the Mythopoeic Functions of the ‘Muslim’ Courtesan (tawaif) in Hindustani cinema Farhad Khoyratty Supervised by Dr. Felicity Hand Departament de Filologia Anglesa i Germanística Universitat Autònoma de Barcelona 2015 Table of Contents Acknowledgements iv 1. Introduction 1 2. Methodology & Literature Review 5 2.1 Methodology 5 2.2 Towards Defining Hindustani Cinema and Bollywood 9 2.3 Gender 23 2.3.1 Feminism: the Three Waves 23 2.4 Feminist Film Theory and Laura Mulvey 30 2.5 Queer Theory and Judith Butler 41 2.6 Discursive Models for the Tawaif 46 2.7 Conclusion 55 3. The Becoming of the Tawaif 59 3.1 The Argument 59 3.2 The Red Dupatta 59 3.3 The Historical Tawaif – the Past’s Present and the Present’s Past 72 3.4 Geisha and Tawaif 91 4. The Courtesan in the Popular Hindustani cinema: Mapping the Ethico-Ideological and Mythopoeic Space She Occupies 103 4.1 The Argument 103 4.2 Mythopoeic Functions of the Tawaif 103 4.3 The ‘Muslim’ Courtesan 120 4.4 Agency of the Tawaif 133 ii 4.5 Conclusion 147 5. Hindustani cinema Herself: the Protean Body of Hindustani cinema 151 5.1 The Argument 151 5.2 Binary Narratives 151 5.3 The Politics of Kissing in Hindustani Cinema 187 5.4 Hindustani Cinema, the Tawaif Who Seeks Respectability 197 Conclusion 209 Bibliography 223 Filmography 249 Webography 257 Photography 261 iii Dedicated to My Late Father Sulliman For his unwavering faith in all my endeavours It is customary to thank one’s supervisor and sadly this has become such an automatic tradition that I am lost for words fit enough to thank Dr.
    [Show full text]
  • Monthly Multidisciplinary Research Journal Review of Research Journal
    Vol 3 Issue 1 Oct 2013 ISSN No : 2249-894X ORIGINAL ARTICLE Monthly Multidisciplinary Research Journal Review Of Research Journal Chief Editors Ashok Yakkaldevi Flávio de São Pedro Filho A R Burla College, India Federal University of Rondonia, Brazil Ecaterina Patrascu Kamani Perera Spiru Haret University, Bucharest Regional Centre For Strategic Studies, Sri Lanka Welcome to Review Of Research RNI MAHMUL/2011/38595 ISSN No.2249-894X Review Of Research Journal is a multidisciplinary research journal, published monthly in English, Hindi & Marathi Language. All research papers submitted to the journal will be double - blind peer reviewed referred by members of the editorial Board readers will include investigator in universities, research institutes government and industry with research interest in the general subjects. Advisory Board Flávio de São Pedro Filho Horia Patrascu Mabel Miao Federal University of Rondonia, Brazil Spiru Haret University, Bucharest, Romania Center for China and Globalization, China Kamani Perera Delia Serbescu Ruth Wolf Regional Centre For Strategic Studies, Sri Spiru Haret University, Bucharest, Romania University Walla, Israel Lanka Xiaohua Yang Jie Hao Ecaterina Patrascu University of San Francisco, San Francisco University of Sydney, Australia Spiru Haret University, Bucharest Karina Xavier Pei-Shan Kao Andrea Fabricio Moraes de AlmeidaFederal Massachusetts Institute of Technology (MIT), University of Essex, United Kingdom University of Rondonia, Brazil USA Loredana Bosca Catalina Neculai May Hongmei Gao Spiru Haret University, Romania University of Coventry, UK Kennesaw State University, USA Anna Maria Constantinovici Marc Fetscherin Ilie Pintea AL. I. Cuza University, Romania Rollins College, USA Spiru Haret University, Romania Romona Mihaila Liu Chen Spiru Haret University, Romania Beijing Foreign Studies University, China Mahdi Moharrampour Nimita Khanna Govind P.
    [Show full text]