Flavia Agnes

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Flavia Agnes
Born Mumbai, India
OccupationLawyer, activist, author, lecturer
Website
www.majlislaw.com

Flavia Agnes is an Indian women's rights lawyer [1] with expertise in marital, divorce, and property law. [2] She has published articles in the journals Subaltern Studies, Economic and Political Weekly , and Manushi. She writes on themes of minorities and law, gender and law, law in the context of women's movements, [3] and on issues of domestic violence, feminist jurisprudence, and minority rights. [1] She is also a lecturer.

Contents

Early life

Flavia Agnes was born in Mumbai, India, in 1947. She grew up in Mangalore, Karnataka, where she lived with her maternal aunt. Her parents lived in Aden, Aden Colony with her four sisters and a brother, who passed away at an early age. Agnes was the only one among her siblings to stay in Mangalore. [1] She studied in a Kannada-medium school until the 10th grade. On the eve of her Secondary School Certificate (SSC) exams, her aunt passed away in her sleep and Agnes went to Aden, where she joined her parents. Following her father's death, she took up a job as a typist in a post office to help support her family. She returned to Mangalore [4] with her mother and sisters when she was 20. [5]

Personal life

Soon after they returned to India, her mother urged her to have an arranged marriage. [1] Her marriage was a "wreck" and she was mentally and physically abused. [5] In 1980, Agnes became involved with a women's movement in Mumbai and with the support of the women in the group, she ended her marriage after 13 years. As a Christian, Agnes was not entitled to "divorce on the grounds of cruelty" under the Christian Marriage Act and had to ask for a judicial separation. [4]

Agnes had three children with her husband, and following her divorce, she took custody of her two daughters and sent them to a boarding school. She sold her jewellery to buy a small house in Borivali, Mumbai. [5] The church provided an outlet for Agnes to become an activist. [1] She became inspired by church lecturers and external speakers, [1] particularly one entitled: "Christ the Radical" that covered the anti-rape movement. [1] This event in particular led to Agnes joining the Forum against Oppression of Women [1]

Education

Prior to her marriage, Agnes had only completed her SSC exams. Agnes' greater involvement in the women's movement led her to study further to obtain meaningful employment, live independently and secure custody of her children. As a result, Agnes completed the Shreemati Nathibai Damodar Thackersey Women's University (SNDT) entrance exam and completed a Bachelor of Arts (BA) in Sociology with Distinction in 1980. [4]

Agnes then completed an LLB in 1988 and began to practice law at the Mumbai High Court. She later completed her LLM from Mumbai University in 1992. [4] She received an MPhil from National Law School of India University, Bangalore (NLSIU) in 1997. For her thesis, which was later published by Oxford University Press, she worked on law and gender equality, examining the politics of personal laws in different religious communities, particularly those affecting women.[ citation needed ]

Career

Law

Agnes began working in the field of women in law in the 1980s, at the beginning of the second phase of the women's movement, [6] and since 1988, Agnes has been a practicing lawyer at the Mumbai High Court. Her own experience with domestic violence inspired her to become a women's rights lawyer. [7] She also advises the government on law implementation and currently advises the Ministry of Women and Child Development in Maharashtra. [8]

As a lawyer, she is concerned with women's rights, particularly women's economic rights. Her goal is to solve women's inequality and impoverishment within the Indian economic structure, especially regarding property ownership. [6] She acknowledges that some Hindu women were not allowed any property, and other women were allowed a small amount in the pre-colonial and civil time in India under the British law. [6] Women eventually gained more independence before marriage, but not in the sense of property law. [6]

Teaching

Subsequent to her M.Phil., Agnes became a guest faculty at NLSIU. She is also a member of the visiting faculty at National Academy of Legal Studies and Research, Hyderabad (NALSAR) and Jindal Global Law School. She has also taught in medical schools.[ citation needed ]

MAJLIS

Along with Madhushree Dutta, Agnes is the co-founder of MAJLIS, meaning 'association' in Arabic, "a legal and cultural resource centre." [9] that campaigns for and provides legal representation for women on issues such as matrimonial rights and child custody. [10] Since its inception in 1990, MAJLIS has provided legal services for 50,000 women. [11]

Recognition

In August 2018 Power Brands awarded Agnes the Bharatiya Manavata Vikas Puraskar for her work with marginalized and disenfranchised women and children, her contributions to feminist jurisprudence, human rights law and gender studies in India, and for the work of her organisation, Majlis. [12]

On Saturday, February 10th, Agnes was awarded the 'Dr. Asghar Ali Engineer Lifetime Achievement Award' in Udaipur for her exceptional contributions. [13]

Views

Death penalty

While death in the Indian judiciary system is handed out in cases described as "rarest of rare", Agnes and her team of lawyers at MAJLIS have been prominent critics of the death penalty and oppose it for all cases. Sometimes their opposition has been controversial, as they opposed it for the accused in both the Nirbhaya case and the Shakti Mills case. Agnes talks of a class bias when it comes to convicting those accused of rape, and points out that as per the rules of Section 376E (which allows death penalty for cases of rape) the accused must be "unrepentant repeat offenders". In both the aforementioned cases, that was not the case and, according to Agnes, this type of judgement serves to "dilute" the 'rarest of rare' premise. Agnes is also against the concept that rape is worse than death or that a woman who is raped is a "zinda laash" (walking dead) [14] pointing out that not only does this concept demean women but if rape is equated with murder, "more women will be killed after they are raped. Even worse, fewer women will report rape, particularly if it is committed by a near and dear one." [15]

Sexual assault of men

Agnes has voiced opposition to making rape laws gender neutral, expounding that criminalizing rape of men "harm women more than men" and also said "we [women's groups] opposed it when they made child rape laws gender neutral." [16]

The Global Feminisms Project

Flavia Agnes is a part of the Global Feminisms Project, an archive created in 2002 to explore women scholars and activists around the world. [17] The initial Project focused on four countries: China, India, Poland, and the United States, and was headed by the University of Michigan's Abigail Stewart, Jayati Lal, and Kristin McGuire. Three additional country sites (Nicaragua, Brazil and Russia) have been added. The project currently consists of seven countries and 79 interviews. The interviews are focused on the women's experiences and their feminist activism.[ citation needed ]

Related Research Articles

The men's rights movement (MRM) is a branch of the men's movement. The MRM in particular consists of a variety of groups and individuals who focus on general social issues and specific government services which they say adversely impact, or in some cases, structurally discriminate against, men and boys. Common topics discussed within the men's rights movement include family law, reproduction, suicides, domestic violence against men, false accusations of rape, circumcision, education, conscription, social safety nets, and health policies. The men's rights movement branched off from the men's liberation movement in the early 1970s, with both groups comprising a part of the larger men's movement.

<span class="mw-page-title-main">Women in India</span>

The status of women in India has been subject to many changes over the time of recorded India's history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.

<span class="mw-page-title-main">Feminism in India</span>

Feminism in India is a set of movements aimed at defining, establishing, and defending equal political, economic, and social rights and opportunities for women in India. It is the pursuit of women's rights within the society of India. Like their feminist counterparts all over the world, feminists in India seek gender equality: the right to work for equality in wages, the right to equal access to health and education, and equal political rights. Indian feminists also have fought against culture-specific issues within India's patriarchal society, such as inheritance laws.

The Mathua rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was allegedly raped by two policemen on the compound of Desaiganj Police Station in Gadchiroli district of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in the Indian rape law via The Criminal Law Amendment Act 1983.

Gender inequality in India refers to health, education, economic and political inequalities between men and women in India. Various international gender inequality indices rank India differently on each of these factors, as well as on a composite basis, and these indices are controversial.

Criticisms of marriage are arguments against the practical or moral value of the institution of matrimony or particular forms of matrimony. These have included the effects that marriage has on individual liberty, equality between the sexes, the relation between marriage and violence, philosophical questions about how much control can a government have over its population, the amount of control a person has over another, the financial risk when measured against the divorce rate, and questioning of the necessity to have a relationship sanctioned by government or religious authorities.

Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147 of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.

<span class="mw-page-title-main">Women's rights in 2014</span> Time period in Womens right movement

2014 was described as a watershed year for women's rights, by newspapers such as The Guardian. It was described as a year in which women's voices acquired greater legitimacy and authority. Time magazine said 2014 "may have been the best year for women since the dawn of time". However, The Huffington Post called it "a bad year for women, but a good year for feminism". San Francisco writer Rebecca Solnit argued that it was "a year of feminist insurrection against male violence" and a "lurch forward" in the history of feminism, and The Guardian said the "globalisation of protest" at violence against women was "groundbreaking", and that social media had enabled a "new version of feminist solidarity".

<span class="mw-page-title-main">Vrinda Grover</span> Indian lawyer, researcher, and human rights activist

Vrinda Grover is a lawyer, researcher, and human rights and women's rights activist based in New Delhi, India. As a lawyer, she has appeared in prominent human rights cases and represented women and child survivors of domestic and sexual violence; victims and survivors of communal massacre, extrajudicial killings and custodial torture; sexual minorities; trade unions; and political activists.

The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is called "दहेज" in Hindi and as جہیز in Urdu.

<span class="mw-page-title-main">Women in law</span> Involvement of women in the study and practice of law

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Ratna Kapur is a law professor and former director of the Center for Feminist Legal Research in New Delhi, India (1995–2012).

<span class="mw-page-title-main">Karuna Nundy</span> Lawyer at the Supreme Court of India

Karuna Nundy is an Indian lawyer and Senior Advocate at the Supreme Court of India, designated as a Senior Advocate in 2024. She is qualified to practice in both India and New York. Her notable cases include enforcing blockchain regulations on behalf of Paytm against telecom companies, securing damages for a disability rights activist against SpiceJet, and addressing issues related to platform liability and online speech restrictions. She has also worked on efforts to provide safe water to Bhopal gas disaster victims. Her practice areas include constitutional law, commercial litigation, arbitration, intellectual property, technology law, and international law. She also serves as a mediator at the Supreme Court Mediation Centre.

The Kashmir conflict has been beset by large scale usage of sexual violence by multiple belligerents since its inception.

<span class="mw-page-title-main">Ruth Halperin-Kaddari</span> Israeli legal scholar and international womens rights advocate

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Chhaya Datar is an Indian activist, writer and feminist. Datar writes in Marathi and English.

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Dr. Vasudha Vasanti Dhagamwar (1940–2014) was a lawyer, scholar, researcher, writer and an activist. She was the Founder Director of Multiple Action Research Group (MARG), and was one of the four signatories of the Mathura Open Letter to the Supreme Court of India in 1979 in regard to the Mathura rape case, which helped spark a national movement against sexual violence in India.

Sonal Shukla (1941–2021) was an Indian feminist, activist, teacher, writer, and social worker. She is known for her establishment of the Vacha Charitable Trust, a private organisation that founded a library for women scholars in Mumbai, India. She was a key member of the feminist protests regarding the Mathura Rape case, and a founding member of the Forum Against Oppression of Women, which successfully led a movement to reform India's laws against rape in the 1980s.

Chayanika Shah is a queer feminist, activist, educator involved in various women's rights movements in India since the late 1970s. She is known for her work in feminist science studies, initiating courses where science is explored using the lens of gender. Shah's work in science, feminism and queer rights, has involved a critique of science's control over women's bodies and sexualities. Shah has published several essays and publications on topics of gender, science and feminism and is a contributor in the field of feminism, queer rights and science.

References

  1. 1 2 3 4 5 6 7 8 McGuire, Kristin (2010). "Becoming Feminist Activists: Comparing Narratives". Feminist Narratives. 36: 99–125.
  2. ↑ "I think I have done pretty well as Flavia Agnes". 5 March 2012. Archived from the original on 6 September 2014. Retrieved 16 September 2014.
  3. ↑ "Dr. Flavia Agnes to Speak on "Women's Rights and Legal Advocacy in India"". University of Wisconsin-Madison. 3 November 2009. Archived from the original on 10 September 2015. Retrieved 16 September 2014.
  4. 1 2 3 4 Khan, Parizaad (14 August 2009). "Freedom from abuse" . Retrieved 16 September 2014.
  5. 1 2 3 "Interview with Flavia Agnes, women's rights lawyer and feminist legal scholar | IDR". India Development Review. Retrieved 2 January 2024.
  6. 1 2 3 4 Shodhan, Amrita (2000). Agnes, Flavia (ed.). "Women, Personal Laws and the Changing Juridical Practice". Economic and Political Weekly. 35 (15): 1259–1261. JSTOR   4409145.
  7. ↑ Agnes, Flavia; Douglas, Carol Anne; Henry, Alice (May 1988). "Interview: Feminism in India: Violence, Trades". Off Our Backs. 18 (5): 4–5. JSTOR   25796296.
  8. ↑ Chowdhary, Seema. "Indian Lawyer Overcomes Domestic Abuse to Defend Women's Rights". Global Press Journal. No. 24 May 2013. India News Desk. Archived from the original on 18 March 2015. Retrieved 16 September 2014.
  9. ↑ Vincent, Subramaniam (1 June 2004). "Status of Indian Women's Rights". India Together. Retrieved 16 September 2014.
  10. ↑ "Flavia Agnes". berkleycenter.georgetown.edu.
  11. ↑ Jaisingani, Bella (20 June 2011). "Once victim overcomes fear, half the battle's won". No. Times of India. Bennet, Coleman & Co. Ltd. Times News Network. Retrieved 16 September 2014.
  12. ↑ "Daily India media recognizes 13 Indian stalwarts with Bharatiya Manavata Vikas Puraskar 2018". 5 September 2018. Archived from the original on 9 May 2019. Retrieved 10 May 2019.
  13. ↑ "Adv. Flavia Agnes awarded the prestigious "Dr. Asghar Ali Engineer Lifetime Achievement Award"". udaipurtimes.com (in Hindi). 13 February 2024. Retrieved 20 February 2024.
  14. ↑ Tatke, Sukhada (5 April 2014). "Opinions divided on Shakti Mills case". The Hindu. Retrieved 16 September 2014.
  15. ↑ Agnes, Flavia (5 April 2014). "Why I oppose death penalty for rapists". Mumbai Mirror. Bennet, Coleman & Co. Ltd. Retrieved 16 September 2014.
  16. ↑ "Cabinet nod to make rape gender-neutral riles women's groups". The Times of India. 20 July 2012. Retrieved 13 June 2020.
  17. ↑ "Welcome to Global Feminisms at the University of Michigan | Global Feminisms at the University of Michigan". globalfeminisms.umich.edu. Retrieved 7 March 2018.

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