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Contemporary issues in Gender Jurisprudence from
perspective of Law.docx
NUSRL, Ranchi

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May 29, 2024, 12:04 PM GMT+5:30

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Contemporary issues in Gender Jurisprudence from perspective of

Law, Society and Politics

ABSTRACT
With consideration for the intricate interaction of law, society, and politics, this research paper
presents a thorough analysis of the current legal concerns with gender in India. Though India's
legal system has made great progress toward gender equality, there are still major differences
and ongoing challenges that demand attention. Together with notable court decisions and laws,
this paper offers a comprehensive study of the socioeconomic and political factors influencing
gender-related judicial decisions in India. This initiative aims to propose fresh legal
frameworks to solve present shortcomings and advance a thorough knowledge of gender law.
This work tries essentially to evaluate the actual application of the progressive legal framework
against its expected character. Analysing historical and contemporary events helps one to
underline the fundamental and methodical elements maintaining gender stereotypes. Despite
constitutional guarantees, modern interpretation and application of gender-related laws
deviates significantly from their intended purpose. This work provides a comprehensive
summary of significant court rulings with general implications. Legal concepts, however, are
used rather differently than the hazy implementation of court decisions.

Several legislations addressing various gender-related issues have been passed to incorporate
women's rights. These guidelines reveal the will of the nation to protect women and children.
Even though the laws appear to be operating as intended, their effectiveness may be
undermined by institutional inefficiencies and general public ignorance. Furthermore, the lack
of thorough anti-discrimination laws exacerbates some enigmatic gender disparities in India's
legal system. Gender laws typically aid in defining attitudes and social political dynamics.
Gender equality initiatives may be hampered by deeply embedded cultural norms and legally
enforced patriarchal beliefs. From the economic standpoint, women's access and command
over physical and intangible resources including wealth, property, employment, knowledge and
information would be more important. Social aspect would be modifying the current
discriminating mindset and culture that shape the surroundings for women's life. At last,
political process has to raise the presence and influence of women in the power structure. Of
great relevance is political capacity to bring about changes in women's legal status, to direct
resources to women and obtain access to positions of power. Every element builds upon the
others.

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Reflecting the hopes and aspirations of all, among the goals declared in the preamble of the
Constitution the people of India resolve to build India into a sovereign republic and to secure
social, economic, and political justice to all its citizens. Politicians' ability to handle gender
issues is a fair indicator of the legal relevance. Moreover, political priorities and goals may
have an impact on this shift. When gender issues dominate political discourse and conflicting
policy recommendations are produced, gender equality is typically more elusive. Crimes
against women have not stopped in spite of particular Constitutional guarantees and other laws.
The examination of the disabilities and restrictions on women resulting from socio-cultural
institutions reveals that most women still live far from realizing the rights and opportunities
the Constitution guarantees. The findings of the study highlight some important legislative
shortcomings presumably hindering India's development in women's rights.

The personal laws regulating various religious groups affect women's rights defense and hence
results in variations. Moreover, in cases of gender-based violence the criminal justice system
could not be sensitive enough or effective enough, so affecting the conviction rate and
inadequate victim support. The absence of comprehensive anti-discrimination laws exposes the
futility of programs meant to eradicate gender stereotypes.

Moreover, inclusive anti-discrimination laws have to be passed clearly forbidding all kinds of
gender-based discrimination in the public and private spheres. Those in charge of implementing
gender-related laws have to be competent and accountable to guarantee timely and effective
handling of allegations. Problems of gender deprivation and discrimination are pervasive in
modern development as well as other sources on women in India in much the same way
empowerment is and yet much of these discourses limit themselves to methodically establish
gender inequalities in terms of access to productive as well as reproductive resources.

This paper closely reviews India's constitutional changes meant to forward women's justice and
equality. It draws attention to the horrible state of affairs whereby women are still excluded
despite laws meant to guarantee equal rights. A senior attorney claims that these laws often
mirror India's patriarchal and traditional values, so sustaining social injustice by presenting
women as essentially less than and different from men. In political, social, and financial spheres
as well as in terms of equal opportunities and status, the Indian Constitution guarantees
everyone fair treatment. Still, particular readings of the Constitution and other laws have often
helped to explain women's underprivileged situation. This paper argues that a number of social
and structural restrictions have prevented the Indian legal system—despite its forward-looking

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basis—from reaching the objectives set by its designers. A difficult and multifarious objective,
gender equality in India calls for cooperation and combined efforts among the political, social,
and legal spheres. Legislative gaps and social obstacles still prevent gender equality
notwithstanding great progress. Among other things, this paper argues for a thorough approach
to gender jurisprudence including notable legislative reforms, a change in cultural attitudes
toward gender equality, and improved enforcement systems. India can aggressively remove
present obstacles to realizing her constitutional mandate of advancing gender equality for all.

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