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WARLAW
has developed an innovative and incisive legal challenge
to force the Government to take action on its CEDAW
commitments. In 1994, it brought a petition to the
Indian Supreme Court. The petition asks the court
to order the Government to state exactly how it intends
to determine whether communities want the personal
laws changed - and to state exactly how the Government
intends to include the voices of women from these
communities when making its assessment. In effect,
WARLAW is challenging the monolithic and static model
of community that is implicit in the Government's
declaration. WARLAW is taking the position that the
Government cannot simply assume that communities want
discriminatory traditions to continue unchanged, or
that male community leaders necessarily speak for
the women in their communities.
