娜迦习惯法的性别化实践:批判性分析

E. C. Yanthan
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摘要

那加人是一个文化和语言多样化的社会,位于印度东北部。在文化多样化的地区,Nagas共有的一个共同特征是习惯法的实践,尽管每个部落的用法和实践在不同程度上有所不同。总的来说,习惯法就像一个守护者,把社区联系在一起。然而,习惯法并不总是有利于现代发展,特别是在性别权利方面。在习惯法下,权力、地位和资源的分配一直以男性为中心。这是一个基于歧视性规则的男性主导的领域,这些规则总是极大地限制了妇女在社会中平等进步。因此,在此背景下,本文从性别视角批判性地分析了那迦族传统和习惯法实践,并考察了其对妇女权利的影响。它评估了一些复杂的性别意义维度与Nagas传统实践中的某些象征功能相关联无意中将男性构建为天生优越的,从而导致了女性的征服。在此基础上,本文试图通过构建主义文化的女性主义视角,作为性别权利与习惯法冲突的另一种解决方法,来解决阻碍性别问题。
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Gendered Practice of Naga Customary Laws: A Critical Analysis
The Nagas are culturally and linguistically a diverse society situated in the North-eastern part of India. One of the common characteristics that Nagas share in culturally diverse region is the practice of customary laws although each tribe differs in varying degree of its usages and practices. Overall customary law act as a keeper and binds the community together. However, customary laws are not always conductive to modern development especially with regards to gender rights. Under customary laws, the distribution of power, status and resources have always been male centred. It is a male dominated arena based on discriminatory rules that invariably pose a great constraint on women to progress equally in the society. Accordingly, against this background, the paper critically analyses Naga traditional and customary law practices from gender perspective and examine its implication on women rights. It evaluates some of its intricate dimension of gendered meaning attached to certain symbolic function in the traditional practices of the Nagas which inadvertently constructed men as naturally superior and thereby resulted in the subjugation of women. Further, the paper attempts to address the impeding gender issues by offering feminist perspective of constructivist approach to culture as a means of alternative solution in the face of conflict between gender rights and customary laws.
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