Makeshift Migrants and Law

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A01=Ratna Kapur
Air Hostesses
anti-traffi
Anti-traffi Cking
Anti-traffi Cking Laws
Author_Ratna Kapur
Bakery Case
bangladeshi
Bangladeshi Migrants
bar
Bar Dancers
Category=GTM
cking
Combat Traffi Cking
eq_isMigrated=1
eq_isMigrated=2
eq_nobargain
Familial Ideology
female
Female Migration
Female Sexual Subjectivity
Gujarat Riots
human
ITPA
Joint Hindu Family
Juridical Entitlements
Migrant Subject
rights
SAARC Convention
sex
Sex Traffi Cking
Sex Trafficking
Sex Workers
subject
Tamil Nadu
Traffi Cked Persons
Traffi Cking
Traffi Cking Protocol
Unorganised Sector
work
Young Man

Product details

  • ISBN 9780415596299
  • Weight: 620g
  • Dimensions: 138 x 216mm
  • Publication Date: 28 Jul 2010
  • Publisher: Taylor & Francis Ltd
  • Publication City/Country: GB
  • Product Form: Hardback
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This book unmasks the cultural and gender stereotypes that inform the legal regulation of the migrant. It critiques the postcolonial perspective on how belonging and non-belonging are determined by the sexual, cultural, and familial norms on which law is based as well as the historical backdrop of the colonial encounter, which differentiated overtly between the legitimate and illegitimate subject.

The complexities and layering of the migrant’s existence are seen, in the book, to be obscured by the apparatus of the law. The author elaborates on how law can both advance and impede the rights of the migrant subject and how legal interventions are constructed around frameworks rooted in the boundaries of difference, protection of the sovereignty of the nation-state, and the myth of the all-embracing liberal subject. This produces the ‘Other’ and reinforces essentialised assumptions about gender and cultural difference.

The author foregrounds the perspective of the subaltern migrant subject, exposing the deeper issues implicated in the debates over migration and the rights claims of migrants, primarily in the context of women and religious minorities in India.

Ratna Kapur is Director, Centre for Feminist Legal Research, New Delhi and Faculty, Geneva School of Diplomacy and International Relations, Geneva.

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