Late-term abortions are an issue of immense debate in India, where the Medical Termination of Pregnancy Act, 1971 permits abortions only up to 20 weeks of gestation. In special situations, such as pregnancy arising out of rape especially in the case of minors and the late diagnosis of congenital anomalies, there are no clear guidelines on the legal protocol that is to be followed, often resulting in a lack of consistency in terms of legal decision-making, as well as undue (...) prolongation of legal procedures. The Medical Termination of Pregnancy Act prohibits late-term abortions on the basis of personhood and viability of the foetus, to reduce sex-selective abortions and as it considers such abortions to be unsafe. However, a legal prohibition of late-term abortions does not prevent them, and this has led to a surge in the number of illegal, unsafe abortions that are detrimental to the health of women. There is also physical, mental and financial distress to women who are forced to continue their pregnancy, coupled with a lack of governmental support for the same. In comparison of India’s abortion laws with Singapore’s, which are more liberal, and Philippines, which are more restrictive, liberalisation of abortion laws appears to have a better outcome in reducing the incidence of unsafe abortions. This paper argues that the way forward is to liberalise the laws in terms of not only extending the gestational limit to at least 24 weeks but also making exceptions allowing no gestational limit in special cases that warrant them, such as rape victims and late foetal anomalies. The laws, drafted and implemented in consultation with medical professionals in the field, must also be lucid and not leave any room for misinterpretation by courts and health care providers. (shrink)

Nearly a million Indian women lack access to safe and dignified abortion services from public healthcare facilities and instead opt to induce abortions by themselves or with the help from unskilled and unauthorized practitioners. Unsafe abortions account for an estimated 9% of all maternal deaths in India despite the legalization of abortion on all grounds since 1971 via the MTP Act. However, the Act technically does not make any provision for abortion based on a woman’s request (...) alone, subjecting her decision to the approval of her healthcare provider, limiting reproductive autonomy. Moreover, the problem of female feticide through sex‐selective abortions has also contributed to a conflicting public agenda that prioritizes preventing the former over allowing women access to abortion services for other reasons. Women who are socio‐economically, culturally, and educationally vulnerable and minors may experience further abortion related stigmatization. These ethico‐legal considerations highlight the need for transition from a provider‐centered to a woman‐centered abortion service model. (shrink)

Prenatal diagnostic technologies have been used for the purpose of detecting sex—leading to abortion of female fetuses—and have posed new challenges to the already difficult question of social justice for women in India. This article reports findings from a case study conducted with 25 women who had used prenatal diagnostic technologies for sex determination.Against the common belief that Indian society is “improving” because of 21st-century medical technology, this case study shows that the social context has given a patriarchal (...) value to such advanced technology in India. Furthermore, it sheds light on why prenatal diagnostic technologies have taken a different route in India.It shows that reasons for accepting the use of prenatal diagnostic technologies for sex determination by women are diverse and complex. (shrink)

This article explores sex selective abortion as a form of structural violence within the broader notion of women's ‘protection’ in contemporary India. While SSA tends to be framed more generally within ethical and choice-based frameworks around abortion access and reproductive ‘rights’, and specifically in India around preference for sons as a discriminatory, cultural, technological misogyny, this article argues that sex selective abortion in India needs to be understood as an outcome of broader systemic economic, (...) political and social processes. The deepening of neoliberal values through state policies has impacted significantly on social relations, shaping SSA as a manifestation of structural violence. State-driven policies in India reflect a neoliberal governmentality through state patriarchy that is implicit within the neoliberal developmental, governmental and capitalist paradigm of contemporary India. This article argues that SSA is structurally produced and therefore cannot be remedied through awareness-raising strategies such as beti bachao or financial inclusion as a means to ‘protect’ or ‘save the girl child’. Indeed, it is neoliberal economic forces that actively, though seemingly inadvertently, promote anti-women, sex selective abortion as a reproductive strategy, which is then disciplined through neoliberal governmentality. This highlights SSA as a form of gendered and structural, rather than discriminatory, violence. (shrink)

Abortion continues to be a moral and ethical dilemma in medicine. While abortions in general have always faced social stigmas, the abortion of fetuses with Down’s syndrome in particular remains the subject of debate across the globe. In India, under the Medical Termination of Pregnancy Act, abortion is legal under prescribed circumstances only till 20 weeks of gestation. Laws for abortion after 20 week of gestation are ill defined. In a recent ruling of the Supreme (...) Court in India, a woman was denied the right to abortion of her 26 week old fetus. With this ruling, India has joined the rest of the world in the debate surrounding abortion laws and the ethics of abortion. (shrink)

When widespread use of sex‐selective abortion and sex selection through assisted reproduction lead to severe harms to third parties and perpetuate discrimination, should these practices be banned? In this paper I focus on India and show why a common argument for a ban on sex selection fails even in these circumstances. I set aside a common objection to the argument, namely that women have a right to procreative autonomy that trumps the state's interest in protecting other parties from (...) harm, and argue against the ban on consequentialist grounds. I perform a pairwise comparative analysis of sex selection and its plausible alternatives and argue that that the ban fails to improve the state of affairs relative to a scenario without a ban. The ban makes the situation worse, especially for mothers and their daughters. India should therefore repeal its ban on sex selection. (shrink)

Medical ethics in the Indian context is closely related to indigenous classical and folk traditions. This article traces the history of Indian conceptions of ethics and medicine, with an emphasis on the Hindu tradition. Classical Ayurvedic texts including Carakasamhita and Susrutasamhita provide foundational assumptions about the body, the self, and gunas, which provide the underpinnings for the ethical system. Karma, the notion that every action has consequences, provides a foundation for medical morality. Conception, prolongation of one's blood-line is an important (...) ethical aim of life. Thus a wide range of practices to further conception are acceptable. Abortion is a more complex matter ethically. At the end of life death is viewed in the context of passage to another life. Death is a relief from suffering to be coped with by the thought of an eternal atman or rebirth. Keywords: India, Hindu, karma, conception, death CiteULike Connotea Del.icio.us What's this? (shrink)

The reproductive justice framework shifted understandings and analyses of reproductive oppression beyond individual ‘choice’ by incorporating analyses of structural injustice, racism, and social and economic concerns. In this article, we build on understandings of the reproductive justice framework by integrating a postcolonial lens and bring the powerful conceptual tools of postcolonial feminist theory to bear on issues of reproductive oppression in India. We articulate the elements of such a postcolonial lens—the transnational operation of race, Orientalism, the subjective experience of (...) colonialism as well as the role of the nation-state and nationalism in shaping reproductive lives—and demonstrate how these elements, along with religion, caste, and right-wing Hindu fundamentalism, structure reproductive oppression in India. Through our discussion of the issues of sterilization, sex-selective abortion, and commercial surrogacy in India we reveal how the underlying coloniality of Malthusian ideas of controlling population to reduce poverty, Orientalist and racist tropes of moral and intellectual inferiority and sexual licentiousness, and the Orientalist and colonial framing of the “East” as backward, uncivilized, and dependent clearly shape reproductive issues in India. Offering a nuanced analysis of the heterogeneity of reproductive oppression within India, our discussion brings reproductive justice into conversation with a feminist postcolonial perspective to foreground the continued impact of colonialism, neo-colonialism, and settler colonialism on reproductive oppression. (shrink)

The advent of techniques of sex selection that rely on assisted reproduction led to a questioning of whether sex selection should be deemed always and everywhere unethical. While China and India are normally associated with condemned practices, they are also implicated in processes that constitute globally stratified sex selection inclusive of its more valued form, often referred to as family balancing. Through an application of Ong and Collier’s concept of global assemblage, I demonstrate how family balancing, which has taken (...) on a “global form,” is tied to an “assemblage” of factors related to the anti-natal, population control contexts that have been pervasive in Asia. Three simultaneously occurring processes since the mid-1990s constituted stratified sex selection: the surfacing of China and India as figurative counter examples in deliberations of ethics on new techniques; active national surveillance of sex ratios as well as denunciation and criminalization of sex selective abortion in China and India; and the role of China and India in neoliberalizing population control and developing globalized markets in reproduction. Accounting for globally stratified sex selection requires a more robust interpretation of ethics that rethinks disciplinary approaches just as much as relativist ones in which respect for individual autonomy tends to overtake all other concerns. (shrink)

Sex selection in India and China is fostered by a limiting social structure that disallows women from performing the roles that men perform, and relegates women to a lower status level. Individual parents and individual families benefit concretely from having a son born into the family, while society, and girls and women as a group, are harmed by the widespread practice of sex selection. Sex selection reinforces oppression of women and girls. Sex selection is best addressed by ameliorating the (...) situations of women and girls, increasing their autonomy, and elevating their status in society. One might argue that restricting or prohibiting abortion, prohibiting sex selection, and prohibiting sex determination would eliminate sex selective abortion. But this decreases women's autonomy rather than increases it. Such practices will turn underground. Sex selective infanticide, and slower death by long term neglect, could increase. If abortion is restricted, the burden is placed on women seeking abortions to show that they have a legally acceptable or legitimate reason for a desired abortion, and this seriously limits women's autonomy. Instead of restricting abortion, banning sex selection, and sex determination, it is better to address the practice of sex selection by elevating the status of women and empowering women so that giving birth to a girl is a real and positive option, instead of a detriment to the parents and family as it is currently. But, if a ban on sex selective abortion or a ban on sex determination is indeed instituted, then wider social change promoting women's status in society should be instituted simultaneously. (shrink)

The recent spectacular progress in assisted reproductive technologies (ARTs) has resulted in new ethical dilemmas. Though women occupy a central role in the reproductive process, within the ART paradigm, the importance accorded to the embryo commonly surpasses that given to the mother. This commentary questions the increasing tendency to position the embryonic subject in an antagonistic relation with the mother. I examine how the mother’s reproductive autonomy is compromised in relation to that of her embryo and argue in favour of (...) doing away with the subject-object dyad between them, particularly in the contexts of surrogacy and abortion. I also engage with the Surrogacy (Regulation) Bill, 2016. A critical discussion of the privacy judgment passed by the Supreme Court of India helps examine how personal autonomy of the body and mind extends to include the reproductive autonomy of women as well. (shrink)

In modern Indian political discourse the custom of dowry is often represented as the cause of serious social problems, including the neglect of daughters, sex-selective abortion, female infanticide, and the harassment, abuse, and murder of brides. Attempts to deal with these problems through legislative prohibition of dowry, however, have resulted in virtually no diminution of either dowry or violence against women. In contrast, radically different interpretations of dowry can be found in the literatures of structural-functionalist anthropology, economics, and human (...) behavioral ecology which muster wide-ranging forms of qualitative and quantitative evidence to support functional models of dowry as a form of inheritance or investment in daughters and/or their children. This paper argues that a functionalist perspective on dowry could lead to improved dowry policy, and that an approach based in human behavioral ecology (HBE) is uniquely suited to this task. After reviewing the relevant literature on dowry in South Asia, I discuss current dowry legislation and its limitations. I then develop a behavioral ecology model of Indian dowry and test it with quantitative and qualitative data. I conclude that if dowry legislation is to achieve broad support or bring about effective social change, it must address and support the positive motivations for and effects of dowry and take a targeted approach to dowry violence, which is not uniformly distributed across regions, castes, or social classes. (shrink)

This article reviews recent developments in health care law, focusing on controversy at the intersection of health care law and culture. The article addresses: emerging issues in federal regulatory oversight of the rapidly developing market in direct-to-consumer genetic testing, including questions about the role of government oversight and professional mediation of consumer choice; continuing controversies surrounding stem cell research and therapies and the implications of these controversies for healthcare institutions; a controversy in India arising at the intersection of (...) class='Hi'>abortion law and the rights of the disabled but implicating a broader set of cross-cultural issues; and the education of U.S. health care providers and lawyers in the theory and practice of cultural competency. (shrink)

Divya is a surrogate mother from India. Aaliyah, an African-American teenager, has just terminated her pregnancy. Samantha, on the other hand, is childless and looking for ways to adopt. What connects these three women? Other than being sites for reproduction, one tends to think nothing else brings them together. This fantastic book shows us otherwise by revealing the interconnection of three reproductive lifecycles through neoliberalism and its biopolitical impact on their "choices". Modhumita Roy and Mary Thompson have thematically married (...) twelve impactful and unique essays that bring the stories of actual and fictional women to life.To understand how the... (shrink)

ABSTRACT Although a preference for sons is reportedly a universal phenomenon, in some Asian societies daughters are considered financial and cultural liabilities. Increasing availability of ultrasonography and amniocentesis has led to widespread gender screening and selective abortion of normal female foetuses in many countries, including India. Feminists have taken widely divergent positions on the morality of this practice. Feminists from India have strongly opposed it, considering it as a further disenfranchisement of females in their patriarchal society, and (...) have agitated successfully for legislative prohibitions. Libertarian feminists on the other hand, primarily from the United States, have argued that any prohibition of the use of this technology is a curtailment of a woman's reproductive choices and a violation of her right to make autonomous decisions regarding procreation. Using India as an illustrative case, this paper argues that in the context of what prevails in some societies, an ethical argument that hinges on the principle of autonomy as understood in the West can be problematic. Furthermore, a liberal theoretical assumption that it is always better to have more rather than fewer choices may not hold up well against the realities of life for such women. Although feminists have little disagreement concerning substantive matters, it is in the area of strategy that differences of opinion have arisen, their moral reasoning and responses shaped by the culture, ethnicity, class and race to which they belong. A view that a single ‘orthodox’ feminism of any variety can embody the aspiration of all women reverts to the problematic issues in the evolution of the rationalistic, individualistic, ‘male’ ethics against which women have consistently raised objections. (shrink)

Decriminalising Abortion in the UK. What would it Mean, edited by Sally Sheldon and Kaye Wellings (Profess...

Prohibition on sex selection may well be unnecessary and oppressive as well as posing risks to women’s lives The urge to select children’s sex is not new. The Babylonian Talmud, a Jewish text completed towards the end of the fifth century of the Christian era, advises couples on means to favour the birth of either a male or a female child.1 The development of amniocentesis alerted the public in the mid-1970s to the scientific potential for prenatal determination of fetal sex,2 (...) and progressive decriminalisation of abortion afforded choice about continuation of pregnancy. The more recent emergence of preimplantation genetic diagnosis (PGD) obviates resort to abortion, and improved techniques of sperm sorting and diagnosis permit creation of zygotes that will ensure the sex of a future child. Growth of biomedical means to select the sex of future children has been accompanied by fear that such means will be employed to favour births of sons, and so perpetuate devaluation of girl children and women’s inferior family and social status. A reaction to this fear has been the demand for legal and medical professional prohibition of sex selection techniques. For instance, the Council of Europe’s Convention on Human Rights and Biomedicine3 provides in article 14 that: The use of techniques of medically assisted procreation shall not be allowed for the purpose of choosing a future child’s sex, except where serious hereditary sex-related disease is to be avoided. Legislation has been enacted in a number of countries, and proposed in others, to prohibit sex selection on non-medical grounds, such as the Prenatal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 in India. In Canada, for instance, government draft legislation introduced in May 2002 proposes to make it a crime for any person, for the purpose of creating a human …. (shrink)

Increasingly, the world seems to shrink due to our ever-expanding technological and communication capacities. Correspondingly, our awareness of other cultures increases. This is especially true in the field of bioethics because the technological progress of medicine throughout the world is causing dramatic and challenging intersections with traditionally held values. Think of the use of pregnancy monitoring technologies like ultrasound to abort fetuses of the “wrong” sex in India, the sale of human organs in and between countries, or the disjunction (...) between the haves and the have-nots in South America when it comes to bone marrow transplants, while thousands of other children die for want of fundamental goods and services like clean water, basic inoculations, and food itself. (shrink)

Canada is one of the few countries in the world—China is another—that has decriminalized abortion. In Canada, there are no legislative or judicial restrictions whatsoever on abortion: When, where, and under what circumstances abortions can be performed are all unregulated. In sharp contrast, abortion is generally illegal in South American and predominantly Catholic countries, as well as in African and Muslim countries. And the countries that do allow legal abortions, including most in Europe along with America, Australia, (...) and Russia, typically permit it only up to a certain time or make it subject to circumstances such as risk to the woman. In what follows we will first explain how Canada came to decriminalize abortion and then go on to assess that position from an ethical point of view. (shrink)

Discrimination and violence against women in India often tend to be discussed, framed and explained in cultural terms alone. It is a commonplace assumption that Indian cultural norms are responsible for women's oppression in India and that India's moves to open up the economy to globalisation will usher in modernity and empower women. Another similar assumption is that gendered violence and patriarchal oppression are produced and located primarily in the (Indian traditional) family and community, and that women's (...) entry into the globalised workforce will empower and help them confront and overcome such violence and oppression. This paper attempts to challenge this false binary between ‘family/community/tradition/culture’ and ‘modern political economy’. It looks at the methods used across various sites—household/family, college/university and factory—to subject women's labour and sexuality to a regime of surveillance and gendered discipline. It also looks at the ways in which this regime is disrupted and challenged repeatedly by women's protests. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art and SelectionBrian BoydArt Instinct: Beauty, Pleasure, and Human Evolution, by Denis Dutton; 279 pp. New York: Bloomsbury Press, 2009, $25.00. Oxford: Oxford University Press, £16.99.In the interests of full disclosure: Denis Dutton, the author of The Art Instinct: Beauty, Pleasure, and Human Evolution, not only edits this journal but has also published here a number of my essays. We share enthusiasms and aversions, but we also now and (...) again disagree. And we both enjoy spirited discussion, which is why I asked him if I might review his book for this journal. Now can we begin?Ellen Dissanayake, the first to take a modern evolutionary approach to art, in her What Is Art For? (1988), doubts that sexual selection can explain much about art. After all, she notes, men can compete about anything, even about who can pee the highest.1 Denis Dutton, the first philosopher to take a sustained evolutionary approach to the arts, suggests that much in art arises from sexual selection—and he spends a good deal of time discussing and dismissing the kind of philosophy of art that orients itself around the urinal that Marcel Duchamp christened Fountain.Dutton begins by reporting recent research into the universality of human landscape preferences. Although these preferences explain little about art in the round, they vividly demonstrate the link between human emotions and preferences across cultures now and human survival [End Page 204] needs thousands of generations ago. In chapter 2, Dutton shows that although recent philosophers of art have not sought to ground art in human nature, that has been an aim of their predecessors from Aristotle to Hume and Kant.But Dutton really starts with the intuitions that art seems a fundamentally similar pursuit around the world, and that artworks like Duchamp's Fountain or Andy Warhol's Brillo Boxes should not be central to our thinking about art, even if they have been central for prominent philosophers of art like George Dickie and Arthur Danto. Dutton stresses that we can appreciate art across cultures. He did so himself when he lived in India while in the Peace Corps, and, an accomplished pianist, learned the sitar from a student of Ravi Shankar, or later, when he lived by the Sepik River in northern Papua New Guinea to ascertain whether "local criteria for beautiful art agree with what Western aficionados and connoisseurs of Sepik art call beautiful. My conclusion was unequivocal: Sepik standards of beauty closely match the opinions of Western experts, including curators and collectors who enjoy a wide experience with Sepik museum collections but who have never set foot in the country" (p. 11).As this passage makes clear, Dutton is not your average armchair academic analytical aesthetician—thank goodness. Unlike the typical professional philosopher of art, he does not hide behind the porcupine quills of philosophese, good for defense and a certain kind of bristly display but utterly rebarbative. Like that other maverick philosopher, Daniel Dennett, he instead engages with work, the world, and readers outside his discipline.Dutton argues convincingly for the need to focus first on indisputable examples of art rather than on problematic cases, just as discussions of murder should not begin with assisted suicide, abortion or capital punishment (p. 50). One of his best chapters offers a cluster concept of art, a dozen features shared by the most unequivocal art. Doubtful cases will satisfy fewer than the full checklist, but there is no fixed threshold, no necessary and sufficient number of criteria. And no criterion by itself distinguishes art from non-art. Indeed one of the most fascinating aspects of his cluster concept is that, for each criterion, he parenthetically notes examples elsewhere in human life that would satisfy that criterion but that nobody would consider art. Skill and virtuosity, for instance, he insists on as features of the indisputably artful, but he adds also: "High skill is a source of pleasure and admiration in every area of human activity beyond art, perhaps most notably today in sports. [End Page 205] Almost every regularized human activity can be turned competitive in order to emphasize the development and admiration of its technical, skill aspect. Guinness World Records... (shrink)

This article explores the influence of modernity in India, within the larger framework of state-led modernity and its impact on identity and locality. The discourse on modernity has retained the common thread of transience and reflexivity as two constitutive features, both of which are taken up to explain the uncertain and provisional influence of modernity on the Indian society and identity, and the radical engagement of social movements with modernity. The article studies the complex functioning of modernity in (...) class='Hi'>India (i) by presenting a theoretical outline on the contested nature of the concept, with an emphasis on the discussion around reflexivity, which forms one of the core attributes for the creation of multiple and alternative modernities, (ii) by reviewing state-led modernity in India and its impact on identity formation as a consequence of the numerous and variable cultural and value systems that confront individuals and (iii) by looking at the local appropriation of contested spaces to enter into a radical, value-based engagement with global modernity. (shrink)

This comment considers the Italian Law 194 on abortion forty years after its approval in 1978 and it focuses on how its meaning has emerged as a result of its interpretation and application over that forty-year period.

Yoga has come to be an icon of Indian culture and civilization, and it is widely regarded as being timeless and unchanging. Based on extensive ethnographic research and an analysis of both ancient and modern texts, Yoga in Modern India challenges this popular view by examining the history of yoga, focusing on its emergence in modern India and its dramatically changing form and significance in the twentieth century. Joseph Alter argues that yoga's transformation into a popular activity idolized (...) for its health value is based on modern ideas about science and medicine. Alter centers his analysis on an interpretation of the seminal work of Swami Kuvalayananda, one of the chief architects of the Yoga Renaissance in the early twentieth century. From this point of orientation he explores current interpretations of yoga and considers how practitioners of yogic medicine and fitness combine the ideas of biology, physiology, and anatomy with those of metaphysics, transcendence, and magical power. The first serious ethnographic history of modern yoga in India, this fluently written book is must reading not only for students and scholars but also practitioners who seek a deeper understanding of how yoga developed over time into the exceedingly popular phenomenon it is today. (shrink)

George, B. J. Jr. The evolving law of abortion.--Guttmacher, A. F. The genesis of liberalized abortion in New York: a personal insight.--Callahan, D. Abortion: some ethical issues.--Jakobovits, I. Jewish views on abortion.--Drinan, R. F. The inviolability of the right to be born.--Schwartz, R. A. Abortion on request: the psychiatric implications.--Fleck, S. A psychiatrist's views on abortion.--Niswander, K. R. Abortion practices in the United States: a medical viewpoint.--Macintyre, M. N. Genetic risk, prenatal diagnosis, and (...) selective abortion.--Messerman, G. A. Abortion counselling: shall women be permitted to know?--Pilpel, H. F. and Zuckerman, R. J. Abortion and the rights of minors. (shrink)

Approximately a quarter of a billion people around the world suffer from malaria each year. Most cases are located in sub-Saharan Africa where Anopheles gambiae mosquitoes are the principal vectors of this public health problem. With the use of CRISPR-based gene drives, the population of mosquitoes can be modified, eventually causing their extinction. First, we discuss the moral status of the organism and argue that using genetically modified mosquitoes to combat malaria should not be abandoned based on some moral value (...) of A. gambiae. Secondly, we argue that environmental impact studies should be performed to obtain an accurate account of the possible effects of a potential eradication of the organism. However, the risks from the purposeful extinction of A. gambiae should not overtake the benefits of eradicating malaria and risk assessments should be used to determine acceptable risks. Thirdly, we argue that the eventual release of the genetically modified mosquitoes will depend on transparency, community involvement, and cooperation between different nations. (shrink)

Two fundamental problems in all thought can be identified: One, life and world affirmation and second, life and world negation. Indian approach is characterized as the second and hence it is claimed that moral problems have not been persistently pursued and successfully tackled in India. Points like the advaita concept of liberation, law of karma, the system of social stratification, stages of life and duties associated with them are picked up to show that theIndian system is ethically bankrupt. But (...) along with the science of salvation, the science of statecraft (arthasastra) and four objectives of human life are emphasized. The two functions of knowledge namely, theoretical and practical (arthaparicchiti and phalaprapti) referring to fact and value are recognized and it is held that knowledge of facts lead to the pursuit of values. Value is taken as the ‘object of desire’. The concept of svadharma and ahimsa are basic to it. The ‘ought of ethics’ (Dharma) is foundational to all Indian thought. A comprehensive value system consisting of spiritual, moral, material and social values and the distinction between instrumental and intrinsic values are recognized. Contemporary ethical issues relating to human rights and women, suicide, abortion and the host of problems thrown open by science and biotechnology find proper place in it. (shrink)

The Islamic government of Iran recently passed and announced a new law titled “Rejuvenation of the Population and Protection of the Family.” This legislation is a noteworthy example of biopolitics‐influenced biolaw. In terms of abortion, contraception, prenatal screening, and population control, this law clearly contrasts with women's fundamental rights and freedoms and has significant health‐related consequences for different sectors of the population. A historical review of the population policies of the Islamic Republic of Iran shows the occurrence of multiple (...) abrupt and radical changes in such policies over the past four decades. This new law, promoted by religious biopolitics, is the most recent example, and places stringent limits on abortion. According to it, all decisions concerning abortion must be made in courts rather than in health clinics. Such courts are typically presided over by male religious scholars. This law also limits prenatal screening to the degree that will increase the rate of genetic defects, especially in the population's lower socioeconomic strata. By strictly limiting access to contraception, this law will increase the rate of unwanted pregnancies and sexually transmitted diseases. This paper argues that such an influence of biopolitics on biolaw contrasts with the principles of bioethics. Still, Iran's current institution of bioethics cannot address it effectively. Therefore, a new model of interaction between bioethics, biopolitics, and biolaw is needed to prevent the detrimental consequences of such pieces of legislation. Such a paradigm shift is demanded by the current “Woman, Life, Freedom” movement of the Iranian people. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:preface This issue of Feminist Studies explores the ways institutions—legal, governmental, medical, educational, and household—participate in the gendering of bodies and are themselves gendered. At any given historical moment, dominant and resistant meanings of “women,” “gender,” and “sexuality” are socially and politically constituted in institutions through cultural struggles. The authors in this issue discuss how birth control, assisted reproduction, transsexual transition, hegemonic masculinity, abortion, and domestic violence are (...) each articulated and contested in imperial law and economic discourses (Sreenivas), in medical procedures (Whitehead et al. and DasGupta), in university research regulations (Barnes and Munsch), and in the official practices of presidents (Mattingly ). Our authors elucidate how such institutions are gendered, not just in terms of staffing by males, females, and nongender conforming people, but also in the ways they constitute gender relations in their everyday operations. The articles point to the continuing need for institutional histories and ethnographies that are feminist in conception and design. They also provide openings into more progressive gender and sexuality politics by underscoring the contradictions within all institutions. Mytheli Sreenivas’s “Birth Control in the Shadow of Empire: The Trials of Annie Besant, 1877–1878” visits the contradictory history of institutions of reproduction control. She traces Besant’s contraception advocacy in the 1870s, reminding us of its intimate and unsavory entanglements with the politics of empire. Annie Besant is a complicated figure. South Asianists familiar with her later campaign against British colonialism in India might well be surprised by this earlier incarnation, but Sreenivas demonstrates how and why the early Besant held contradictory positions. As an individual, Besant questioned gender norms and challenged the inequality of women in marriage and divorce. She recognized sexual desire as “natural” (albeit only properly expressed via heterosexual marriage). Yet a signature feature of her political writing 504Preface was an embrace of neo-Malthusianism. Over the course of her activist life, Besant redirected her attention from poverty and women’s health in Britain to contraception as the solution to starvation and overpopulation in India. She did so in “a broader context in which a defense of empire and class-race hierarchy enjoyed far greater legitimacy than a critique of gender and sexual norms.” The repercussions of her actions were global: “Besant’s efforts rendered contraception into a sexual technology that claimed to address the economies of impoverishment in an emerging imperial world. Birth control thus emerged as both an imperial responsibility and as a demonstration of British humanitarianism in support of starving colonized populations.” Sreenivas explicates what the Besant trials reveal about the multiple histories of reproduction control and the conditions under which birth control continues to be both a technology for large-scale population control and “a vehicle for women’s reproductive freedom and gender justice.” Institutions are saturated with power, but they are also arenas where political struggles between different social groups are staged. This is especially evident in White House politics in the United States. In the late 1970s, President Jimmy Carter appointed a large number of women to bureaucratic offices. Many were feminists. Why did they fail to deliver gender justice? This is the puzzle Doreen J. Mattingly seeks to answer in “The Limited Power of Female Appointments: Abortion and Domestic Violence Policy in the Carter Administration.” The article is set in the broader context of a moment in history when the US feminist movement was moving from the streets to state bureaucracies, when women of color had broadened the movement’s mandate, and when the need for government programs to support poor women was a clearly articulated feminist goal. There was an excitement about transforming gender relations as feminists populated multiple organizations and came together to collaborate. However, two important legislative efforts—government funding for abortions for poor women and a national anti-domestic violence bill—failed. Mattingly traces the back and forth between Carter and his Assistant Secretary for Public Liaison, Margaret “Midge” Costanza, drawing on new archival sources. Mattingly’s article underscores how women in public office can be discursively valorized as symbols of change even while politically powerful men oppose meaningful policy that would provide women greater autonomy over their reproductive or violently transgressed bodies. Mattingly’s careful reconstruction... (shrink)

Secularism in India SECULARISM IN PRE-COLONIAL PERIOD Secularism in India is not something totally new. Its roots can be found in a history that traces back ...

Thirty-four contributors address a variety of topics, from ancestral worship to transsexual masquerades, from metrical verse in the psalms to temples, poetic expression and linguistic performances. They bespeak the unique characteristics of Staal and his ability to break down barriers between academic disciplines. With contributors from around the world, this is a tribute to the forty years of scholarly work Frits Staal has invested in the foundation of a genuinely human science.

While fetal surgery—and pregnancy termination as a possible therapeutic alternative—have been examined in a number of studies, very few have addressed the issues and tensions that arise when prenat...

Abstract:Watsuji Tetsurō's model of human existence (ningen sonzai) and his ethical principle of selfless solicitude (kokorozukai) imply not only a broadly permissive position on reproductive rights but a clearer vision of pregnancy and the fetus, and also a deeper moral critique of the anti-abortion movement.

This book brings together a series of interviews conducted by noted Iranian social scientist Ramin Jahanbagloo. These interviews cover the ideas of Indian-ness, Indian thought, religion, politics, secularism, and pluralism, as well as Gandhi, India and Pakistan, democracy, globalization and culture.