Feminist Jurisprudence and its impact in India
1. Introduction
Legally expressing in my own words, that Feminism basically means treating both men and women on equal manner irrespective of caste, race, socio-economic, etc. Feminist legal theory, also known as feminist jurisprudence, is based on the belief that the law has been the fundamental rights in women's historical subordination. The project of feminist legal theory is twofold. First, feminist jurisprudence seeks to explain ways in which the law played a vital role in women's former subordinate status. Second, feminist legal theory is dedicated to changing women's status through a rework of the law and its approach to gender, race, caste, sex, socio-economic, etc.
Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. As a field of legal scholarship, feminist jurisprudence began in 1960s. It influences many debates on sexual and domestic violence, inequality in the workplace, and gender based discrimination. Through various approaches, feminists have identified implications of seemingly neutral laws and practices. Laws affecting employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment have all benefited from the analysis and insight of feminist jurisprudence.
2. History
Feminists believe that history was written from a male point of view and does not reflect women's role in making history and structuring society. Male-written history has created a bias in the concepts of human nature, gender potential, and socio-economic arrangements. The language, logic, ideas and structure of the law are male-created and upholds the male values more in respect to women values.
Deviation from the norms by presenting male characteristics as a norms and female characteristics as deviation from the norms the prevailing conceptions of law reinforce and perpetuate patriarchal power. Feminists challenge the belief that the biological make-up of men and women is so different that certain behaviour can be attributed on the basis of sex. Feminist states that feminism is created socially, not biologically. Sex determines such matters as physical appearance and reproductive capacity, but not psychological, moral, or social traits.
2.1 What is Feminist Jurisprudence?
Feminist jurisprudence clearly mentions that it enhance diversity of feminist philosophy and theory. All feminists share the belief that women are discriminated or disadvantaged in many aspects with respect/comparison with men and that their oppression is in some way illegitimate or unjustified. The intellectual guiding force behind current womens movement is feminism which produced special knowledge in every field such as feminist sociology, feminist philosophy, feminist history, including feminist jurisprudence.
Feminist jurisprudence is a natural extension namely law and justice among both the genders either it is male or female. Law related strategies have played an vital role in the campaigns of womens organizations to achieve greater equality and social justice. Feminist belief that law in constructing, maintaining, reinforcing and perpetuating patriarchy and it looks at ways in which this patriarchy can be undermined and ultimately eliminated.
2.2 Types Of Feminism:-
Liberal Feminism: The historical origin of contemporary liberal feminism goes back to the 18 century. An important conclusion of this philosophy was individualism by which was meant that an individual has the right to possess the freedom to do what he wishes without interference from others. Liberal feminism is an individualistic form of feminist theory, which focuses on women's ability to maintain their equality through their own actions and choices.
Radical Feminism/ Dominant Feminism: This theory basically not talks about the issue of gender equality as an issue of difference and sameness but rather as issues if discrimination of women with respect to men. Radical feminism is a perspective within feminism that recalls for a radical reordering of society in which male supremacy is eliminated in all social and economic aspects.
Cultural Feminist: Cultural feminism reverses the focus of liberal feminism. This feminism deals the matters in concern with women differences with respect to men. It argues that important task for feminism is not to include women into patriarchy, and prove that women are similar to men and can function like men and meet male norms, but to change institutions to reflect and accommodate values that they see as womens nurturing virtues, such as love, empathy, patience and concern.
Post Modern Feminism: Post - modern feminism sees equality as a social construct and a product of patriarchy and hence in need of feminist reconstruction. The school emphasizes the process of self - definition and the method that will raise consciousness and give voice to the unknown in womens experience. Postmodern feminist legal theorists reject the liberal equality idea that women are like men as well as the difference theory idea that women are inherently different from men.
2.3 Indian perspective with respect to Feminism
Our constitution has taken all the protective measures to protect the interest of women in our constitution. Analysing the preamble of the constitution, in the case of National legal service authority v. Union of India, it was held that the concepts of justice social, economic and political, equality of status and of opportunity and of assuring dignity of the individual incorporated in the Preamble, clearly recognize the right of one and all amongst the citizens of these basic essentials designed to flower the citizens personality to its fullest. The concept of equality helps the citizens in reaching their.
Conclusion
Feminist jurisprudence is a philosophy of law based on the political, economic, and social equality of sexes. India has witnessed representation of women at all social fronts for instance in political scenarios, after enactment of Article 243 D one third offices of Panchayat Raj are reserved for women. We have empowered women economically our judiciary ensured that women should not bear discrimination at workplace in the case ofAir India vs Nergesh Meerza Ors., Vishakha v. State etc. There are schemes to guide and empower women socially for example the UJJAWALA, a comprehensive scheme A Comprehensive Scheme for Prevention of Trafficking and Rescue, Rehabilitation and Reintegration of Victims of Trafficking for Commercial Sexual Exploitation, SWADHAR scheme (A Scheme for Women in Difficult Circumstances).
The waves of feminism which India has witnessed is a long drawn journey which celebrates the struggle of every woman who fought against the misogyny and patriarchal behaviour of society. They have overcome barriers by promoting communication about women subjugation. These struggles have borne some great fruits few of which as listed below:
- The Immoral Traffic (Prevention) Act, 1956,
- The Dowry Prohibition Act, 1961, (Amended in 1986),
- The Indecent Representation of Women (Prohibition) Act, 1986.
Reference
[1]The Constitution of India,available athttps://www.india.gov.in/sites/upload_files/npi/files/coi_part_full.pdf.
[2]Researched by Author.
[3]Preeti Narula,Role of Women in Society, available athttps://fairgaze.com/interested-article/role-of-women-in-society.htm.
4]Sandra Day OConnor,The Legal Status of Women: The Journey toward Equality,available athttps://www.jstor.org/stable/1051513.
5]SeeTable 5(A) Crime Head-wise Cases Registered under Crime against Women during 2011 2015 and Percentage Variation in 2015 over 2014,available athttps://ncrb.gov.in/sites/default/files/Compendium/Compendium-15.11.16.pdf.
[6]All India Democratic Womens Association. Gender-Just Laws.
[7]Why India Needs the Womens Reservation Bill,available athttps://www.oxfamindia.org/policybrief/why-india-needs-womens-%20reservation-bill.
