ABSTRACT

This chapter explicates the global feminist and transnational feminist approaches to the rights discourse. It explores the limitations of both and engages with the institutional processes and practices and the ground realities in order to have an effective understanding of the rights discourse by arguing that the understanding of discrimination against women evolves with insights, perspectives and empirical information on their subordination by different legal, social and religious traditions. Any discourse on rights needs to incorporate this understanding. According to Verma, the ‘justice gap’ in the rights discourse could be addressed through the reform of legal institutions within the state, being informed by the capabilities perspective and strengthened by transnational feminism in the process. This would eventually mean reconstruction of the notions of dignity, autonomy, bodily integrity and sexuality of women that are embedded in their religious and cultural norms.