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Introduction: The Study and Its Background Those that oppose a principle of life to that of liberty, a principle of equality to those of fairness and diversity, a principle of free speech to that of equality, and a principle of family integrity to that of freedom of contract, are all relatively superficial contrasts that can be resolved by uncovering a more fundamental ground of principled agreement; that by acknowledging their interpretive character can we begin to find ways to deal with them Georgia Warnke, 1999 Thorny issues are faced by societies of the world and their existence cannot be denied. Societies are co !rised of uni"ue and di#erse indi#iduals who ha#e different outlooks and stands on certain !heno ena. $ne discri ination. This ay say that differences bring about !re%udices and ay
ay be !ro#en true if these differences are not recogni&ed e"ually. This ay also be a
!ro#ide alternati#e ways of understanding and inter!reting certain social issues. 'owe#er, "uestioning how these differences are brought about is "uite ine#itable. Social realities and differences are said to be grounded in beha#ior, languages, culture, institutional !ractices( and colors al ost all of !eo!le)s !erce!tions *+la and in Toubia, 199,-. .oreo#er, these differences are belie#ed to arise because of each indi#idual)s di#erse orientation of interests, ex!eriences and associations *Warnke, 1999-. 'owe#er, it can also be suggested that conflicts do not ste i !ute differing fro differing beliefs, !rinci!les and !riorities. /ather, it is how !eo!le oral disagree ents.
The culture of 0ndia is considered to be rich, di#erse and uni"ue in its own way *1arrilla, 1999-. 0ndian beliefs and traditions are !reser#ed e#en though 0ndia had been coloni&ed, because 0ndian !eo!le #alue culture !assionately within their bodies, souls, inds and hearts. 2ccording
to .ax Weber, culture beco es a reality for !eo!le because they relate to the #alues and the !rinci!les attached to it. These #alues are seg ents of reality which are essential for the
because these #alues and !rinci!les are seen as rele#ant to the society *Weber, 1934-. 'ence, traditional rituals, !ractices and beliefs are continued to be recogni&ed. $ne of the !ractices which was and is still #ery the ritual Sati. Sati originated fro the 'indu uch contested u! to the !resent ti e is olated
herself on her husband)s funeral !yre. The action of the goddess was seen as sy bolis s of de#otion, loyalty, honor and selflessness. 0t was said that to co #irtuousness through self5sacrifice. .oreo#er, self5i toward reincarnation or the next life. *1arrilla, 6313Wo en then beca e the sub%ects for the existence of this ritual in order to i itate the honored act of Sati ata. The ritual Sati started as a #oluntary act to sy bolis s but later on beca e a !ractice that was forcibly i !osed u!on. Traditionalists ex!lain it as the ark of #irtuousness and de#otion( the legal syste ark of wo en o!!ression. anifest the belie#ed it Sati is to be arked with
'owe#er, does the ritual Sati e bodies wo en)s #irtuousness or does it !er!etuate wo en o!!ression7 0s Sati a for of ex!ression of the 0ndian !eo!le to exercise religious freedo or
does it results to the neglect of wo en)s li#es7 Hermeneutics Study To the woman he said, I will greatly multiply your pain in childbirth In pain you will bring forth children !our desire will be for your husband, and he will rule over you "#enesis $%&' /eligion had always instilled in wo en the greatness of 2 wo an able to bear otherhood and wifely de#otion. ust be
ust be willing to be left at ho e in order to tend the needs of the fa ily. She ale children and fulfill the desires of her husband. These
unities worshi!
eanings and sy bolis s i !uted on these !heno ena which often lead to
coercion and assertion of !ers!ecti#es. 2s a result, fe inists saw the need to challenge these religious ideals and teachings that li it the roles of wo en and !lace the dise !owered state. *8edi, 6339+e inist grou!s for instance, the 1rogressi#e $rgani&ation of Wo en in 'yderabad who fought for wo en subordination, and the :eague of Wo en Soldiers for ;"uality asserted that religious texts and beliefs are used to subordinate wo en and lower castes. These organi&ations were against and unsu!!orti#e of traditions that o!!resses wo en. They stand for the rights of wo en and to u!lift their status in the society. *<u ar, 19=9>es!ite the continuing growth of fe inist o#e ents in 0ndia, the strong anifestation in an o!!ressi#e and
of a !atriarchal society influencing the social, cultural and !olitical institutions re ained ine#itable. These institutions continued to sha!e and deter ine the status and roles of both wo en and biggest en. ?ultural beliefs and #alues that are i !osed on wo en are said to be the
anifestation of a !atriarchal society. The construction of identities, roles and relations ale)s !erce!tion of what an 0ndian wo an ust be. *Sen, 6333-
+e inists argue that these roles that 0ndian wo en !atriarchal society. @irtues that wo en adhere to are created by the societal reality and to
are in the !ublic s!here. Wo en who work for their husbands, and re ain ho e are
acce!ted in their society rather than wo en who work outside of their ho es. Wo en at ho e are belie#ed to be high in war th, #irtue and sexual conser#atis howe#er is low in !ower and
co !etence. This notion according to the fe inists is another re!resentation of a !atriarchal society. .en do not want wo en to engage in the !ublic s!here since it belie#ed to be the real of en. The tendency is to li it the access of wo en in the !ublic s!here in order to li it their
ca!abilities and retain !ower *>eWall, 2lter att, Tho !son, 633A-. 'a#ing different wo en)s grou!s enables the way. *Sehgal, 633ATo those who de!lore Sati such as the fe inists, Sati is seen as a curse. 0t is a state of widowhood which is feared and ust be a#oided because of the extre e conse"uences that one to the idea that Sati brings great sal#ation not ark wo en o!!ression and to fight at not %ust on a cultural stance but at the sa e ti e in a !olitical
subordination to their husbands, their fa ilies and the society *$ldenburg, 1994-. These i !lications o!!ose the i age of an ideal wo an which is #irtuous and de#out. Sy bolis s were i !osed by culture and religion that when o!!osed, ay be seen as acts of rebellion or
cultural insensiti#ity. 'owe#er, indi#iduals who belie#e otherwise raise different issues and understandings as well that ust all be taken into account.
2ccording to >r. /adha <u ar in an inter#iew by /ash e Sehgal in 633A, the wo en)s o#e ent in 0ndia in the late 19th and early 63th century were focused on an o#erall de#elo! ent of wo en. 0t dealt with wo en)s health and education, the eradication of the !urdah, cultural !ractices like dowry and sati, wo en)s working conditions.
0t is said that wo en)s grou!s in the 19C3)s were able to unite wo en)s grou!s including those who are affiliated with !olitical !arties, to fight against issues of #iolence against wo en, such as ra!e, dowry and sati. 'a#ing different wo en)s grou!s enables the on a cultural stance but at the sa e ti e in a !olitical way. *Sehgal, 633AThe fe inist o#e ent in 0ndia achie#ed in changing ob#ious !ractices that are against to fight at not %ust
wo en like sati. Which !a#ed the way for !ro#iding widows the right to re arry, and the o#e ent also ga#e attention to changing negati#e ele ents of traditions. 2ccording to Barasi han, 1996, the abolish ent of sati is a great achie#e ent for fe inists and the fe inist o#e ent. This is arked as an achie#e ent because the fre"uency of sati cases di inished
!rior and es!ecially after the abolish ent of the !ractice. *Barasi han, 1996Hermeneutics: Application and Significance of the Study 0n the book, (egitimate )ifferences, Georgia Warnke ade use of !ublic debates in the
Dnited States on current social issues to discuss the conce!ts of differences and inter!retations. 2ccording to Warnke, these social issues are often !ursued as argu ents o#er contradicting oral !rinci!les. She ade use of the issue of abortion to discuss how these differences trouble
and di#ide the 2 erican !eo!le. The two sides of abortion is drawn by the so5called !ro5choice grou!s and the !ro5life grou!s. The debate re#ol#es around the struggle between those who o!!oses the !rinci!les of life and the !rinci!les of liberty. 2s argued by the !ro5life grou!s, abortion should not be tolerated because it #iolates the oral !rinci!le of res!ect for the sanctity of hu an life. The !ro5choice of choice because for s of
grou!s on the other hand argue the need su!!ort the right of freedo restriction of their abortion rights #iolate the
!rinci!les are shared( that each uses the !rinci!les they share to con#ict other sides o!!osed to one)s ideals *Warnke, 1999-. .oreo#er, these !rinci!les are taken as "uestions on which are to be !rioriti&ed in which situations that challenges the cause of these ste fro differing !rinci!les or fro differing !riorities. oral oral conflicts( whether they
2tte !ts to resol#e these kinds of conflicts either result to a narrowed sco!e of
disagree ent, or a dee!er #iew on the differences in understanding !rinci!les that leads to a dee!er core of fro oral agree ent. 'owe#er, according to Warnke, these conflicts neither ste differing !riorities. /ather, these conflicts ste fro
inter!reti#e differences. The contradicting sides of debates are created through different ways that !eo!le understand their shared !ractices and !rinci!les. *Warnke, 1999'ence, what needs to be recogni&ed is understanding the rather than the unco#ering a eaning of these !rinci!les
oral !rinci!les the sel#es. Warnke argues the need to resol#e these contrasts by ore funda ental ground of !rinci!led agree ent. She belie#es that debates o#er oral debates o#er which !rinci!les are to be ado!ted. 0nstead, these
are inter!reti#e debates o#er !rinci!les that we already !ossess. 8y acknowledging the inter!reti#e characters of these debates, it o!ens u! doors for dealing and resol#ing the ( !ossibilities that are excluded when !eo!le !ersist that the debates re#ol#e around the !rinci!les the sel#es. *Warkne, 1999'owe#er, she also articulates on the need to recogni&e the fact that !eo!le ight be
edified by inter!retations of others. She discusses how different inter!retations can re#eal a new
di ension of a !articular belief that was once hidden or unknown to us, %ust as others were once ystified by our inter!retations. Warnke belie#es that !eo!le should exa ine the inter!retations of others with an eye to their co !letenessE( that neither others) nor one)s own inter!retation are yet finally co !lete because differences a ong inter!retations can be as #alid as the different !ers!ecti#es. *Warnke, 1999The need is to acknowledge the inter!reti#e character of these beliefs( that these are entrenched in what 'ans5Georg Gada er ter ed interpretive hori*ons *Warnke on Gada er, 1999-. 2ccording to Gada er, all understandings are inter!reti#e( that the need is to clarify the conditions in order to arri#e at an understanding. 'e also argues that traditional her eneutics narrows the sco!e of our hori&ons and li its how we understand things because of the belief that inter!retations fro this !articular !ers!ecti#e always bring about !re5concei#ed notions and
understandings. 'ence, one)s hori&on or !ers!ecti#e should include e#erything that can be seen fro a !articular #antage !oint( a #iew that is not li ited and can see what is beyond. *'olroyd,
633CThese inter!reti#e hori&ons re#eal a new di ension of eaning and recogni&e the
#alidity of alternati#e inter!retations( that these differences in understanding !rinci!les result to different inter!retations of social issues that !eo!le are faced with Sati in#ol#es wo en as sub%ects of a traditional ritual. 0t o!ens u! different argu ents about wo en either being anifestations of so ething fulfilling or only subordinates of en and eans of
of society. Whether or not wo en are being recogni&ed or o!!ressed, this study is a ad#ocating awareness of the different issues societies of the world encounter.
'a#ing Se
different issues that wo en are faced with. Sati highlights how culture gi#es i !ortance to nor s and traditions. 2s a result, it en#isages a negati#e !ers!ecti#e of how culture !rioriti&es traditions and !ractices which are often belie#ed to !ut wo en at disad#antage. Wo en then are often stereoty!ed as o!!ressed and silenced in the society. The researcher belie#es that the study !ro#ides different #iews on culture, wo en)s !ractices and wo en in general which should not be confined in stereoty!es and !re%udices. 2s a student who is !ursuing :aw, the researcher belie#es that within e#ery culture, #iews and ideas are not ho ogenous but they are contested. This study would be a way for !eo!le to gi#e recognition to the role of culture and the i !ortance of its as!ects such as nor s, custo s and !ractices. .oreo#er, it o!ens u! doors for ore cultural a!!roaches which
recogni&e the #ariety and di#ersity of the cultures of e#ery society. ?onflicts and dis!arities are not only !re#ailing in 0ndia. Societies of the world encounter #arious disagree ents and oral debates that draw a line, se!arating not only indi#iduals but
also nations. This !a!er is rele#ant in raising consciousness of the #arious conflicts nations of the world encounter. +urther ore, it ay also be a eans of recogni&ing and !ro#iding ways to deal
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htt!FHHweb%cli.ncl.ac.ukH6339Hissue6Hah ad6.ht l 8ili oria, 1. *199C- The Genesis of ?o unity /ights and 1ersonal :aw in .odern 0ndia, +ifty
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