:FEMINISM IN RIGHT SENSE :

- BY ROUSHNI

:ABSTRACT :

The feminism concept is subjective in nature, it differs from one individual to another but
it keeps in mind the protection of the female rights in common . Only the way and
method of interpretation varies with concern to women. The particular topic of feminism
in the right sense will give a rectified version of feminism. It introduces the modern form
of feminism, with respect to gender equality. It will entirely deal with the right of female
protection without harming and compromising with the rights of men. This will give all
individuals a chance to grow together and respect women rights. It will reflect modern
and liberal feminism in such a way that would lead to men to look at this issue as
concern toward gender inequality rather than a particular gender. This would create
scope of development of gender consciousness toward each other's rights. They would
collectively fight for rights as a gender inequality issue. It would strengthen the solidarity
for rights . This concept will depict the right way of feminism by looking at the current
scenario of the world. It would be neither considering any typical western feminism nor
pseudo feminism. It would give a new version of feminism , what society needs to think
about it .

Keywords
1. Feminism on reservation and article 15(3)
2.Feminism majorly focused on rural and lower class women
4. Feminism not only protects rights but also as responsibility toward their duties.
5. Rectifying the wrong interpretation of people on feminism.
6. Gender neutral movement by feminist
7. Feminist judgments of being proud.
8. Equity and equality according to feminist in reservation.
9. Men rights protection through gender neutral movements.
10. Protection of female rights without harming men's rights.

: INTRODUCTION:

Feminism is basically a social and political movement that majorly deals with the right of
women to be equal to men. The rights contain all the rights which any individual is
supposed to enjoy . It can be political ,social , economical and all others rights.
Feminism is a diverse and evolving movement as it keeps on changing and developing
as per the time and place. It does not stand constant but keeps indulging new input in
their ambit of rights .

:History and its origin :

History of feminism is traced back to western countries, although it has been manifested
in all other nations as well for women rights in their own way .

Throughout the western history , women were seen to be limited to their domestic
lifestyle and work. But at the same time, public work outside was entirely reserved for
men. Moreover, they were denied basic rights like education, ownership of property , or
to participate in any kind of public life.

In the 19th century in France, women were forced to cover their heads . In some parts
of Germany it was even found that women were treated as property of men, by keeping
all these things in their mind they even used to sell their wife to anyone they wanted.
Even in the late 20th century many European nations did not give voting rights to
women . They were not allowed to run their business ,if they had no male representative
for their business. Married women were not allowed to enjoy control over their children
without permission of male. This shows how difficult and typical situations were in
Europe regarding feminism . This was also one of the reasons behind the uprising and
originating of feminism in Europe, which later got widespread in all other nations.

There are certain timelines and phases in which feminism developed and is still
developing. They were developed in four waves

1. First wave feminism : The first wave of feminism appeared in the 19th and 20th
centuries. It started with the purpose of providing political rights to women
through the law . The first wave came with the idea to provide the right to vote
and property rights to all women as they consider natural rights to be enjoyed by
all and all prevailing rights should be given to females as well.

2. Second wave feminism : This was started in Europe in 1960 to 1980. This
extended the region of rights . It majorly focuses on issues regarding
reproductive rights, workplace discrimination and sexual orientation rights.
 3.Third wave feminism : Third wave feminism appeared in 1990 and is being
followed till today . The third way overlaps the limitation of 2nd wave feminism. The 2nd
wave was limited to the rich and white women, which neglected the rights of black
women. The 3rd wave came in order to deal with all these shortcomings . It ensures the
rights of women all together . It even came with concepts of individual choice of
feminism like the right to choose as per choice of domestic work or outside work.

4. Fourth wave of feminism : It began in 2010 and is still going on. It came up with the
idea of protection of female rights and females through digital and technology. It uses
digital platform and social media to raise awareness about gender issue,such as # me
too and online activism.

❖ This gives the idea and fact of how feminism came into existence, especially
western emergence of feminism.

:The complicated history of feminism in India:

The feminism history of India is divided into 3 phases

.
1st phase - It began in the 19th century. It started when reformers began to talk about
the rights of women. It was not just mere words,but the reforms were made for women's
education and customs.

2nd phase - It was initiated in 1915 till independence, when Gandhi ji incorporated
women in the Quit India movement and freedom fighters.

3rd phase - It started after independence and is still going on. It talks about fair
treatment of women at home, in the workplace and about their political rights and all.

Description: Why is the history of Indian feminism complex?

Though the fact states that feminism entered India in the 19th century but it began with
social reform and fighting against the social evils against them. The feminism then was
fighting for the rights of female by eradicating the social problems of cruelty, which was
happening in society like sati, widowhood, child marriage, female infanticide.
It was about the end of the 19th century , when nationalist movement was going on,
then the voice for the age of marriage was raised . It was being demanded by British to
establish such law to prevent child marriage. On the other hand, Nationalist didn't
support this moment . They consider it can violate the piousness of their India culture
with giving proper reasoning.

Later the idea of feminism in India got dull as some critics considered feminism a
western and colonial concept, it is not an Indian aspect of movement. The complexities
of history are shown as it got limited to a certain limit. It was even associated with the
anti - nationalist concept during British time.

:RESEARCH METHODOLOGY:

Research methodology used in this topic is quantitative methods. It includes secondary

data. The secondary data has been taken from different sites and survey reports . Like
reports of the world bank have been used for data and manupatra used for citation and
case law. Bare act has been used for articles and definition of articles. Other
assumptions and statements are based on feminist personalities and their active
members. The hindu newspaper has even been used to put some relevant data in it.

: JURISPRUDENCE ASPECT:

The respective topic is based on liberal feminism jurisprudence , which talks about
gender equality within the framework of the existing legal system. It does not advocate
for critics of any men's society or rights . Its major concern is toward uplifting of women.
It does believe in gender neutral equality , who promote men , women and third gender
to form an equal society. It does believe in article 14 without being biased for anyone.
But it even supports article 15(3) , whenever it is needed to uplift the women's social,
political and economical condition so that they could compete.

Moreover, liberal feminism does not limit itself to equal rights , but also takes up
responsibility for having equal duties as men. There are certain case laws mentioned
below, where women take up the responsibility as men and ask for protection of their
rights as well. It would help judges as well to understand the new emergence of
feminism and give the judgment accordingly when dealing with any complicated case of
feminism. Law formation will be even done in such a way, that reduces the chances of
gender inequality and supports current liberal feminism ideology.
 :CONTENT OF THE TOPIC:

Feminism in true sense,is a social and political movement that advocates for equal
rights, opportunity and fair treatment with women. It never talks about infringement of
male and anyone rights in order to achieve their rights . It supports gender equality and
gender injustice. It never supports any aspect and concepts, which dominate male
rights. True Feminist believe majorly in equality and to some extent equity.

:HOW FEMINISM LOOK AT THE CONCEPT OF RESERVATION AND

GENDER EQUALITY :

Equality means equal treatment. Feminist ideology believes that the existence of
equality should be there at the place where society is already developed. The society
which is already developed included educated females, working female population, less
crime rate in against women at home and outside, end of stereotypical mindset of
patriarchal society etc. Such societies need only equal treatment, where men and
women issues are considered to be as individual issues rather than any particular sex
or gender issue. It makes sure ,neither men nor women get over privileged. It only deals
with gender neutral society.

Equity means fair and justice. It talks about recognition that not everyone had started
from the same place so it must be acknowledged and imbalanced .

There are certain regions, where still women conditions are not as better as we expect.
There is still less participation of women in the workforce of the economy. The social evil
against the women has not yet Stopped like increasing the rate of dowry, domestic
violence, female feticide etc. In such a region, women are even nurtured in this way so
that they could accept themselves as weaker than men. They become backward
because unnecessary restrictions are imposed on them by existing patriarchal society. It
becomes very difficult for the women in such a region to compete with men as they
could not get such facilities and advantages like men during their socialization.
opportunity is giving some extra advantage so that they could reach the level of the
competition. The best example of equity is reservation for women in government
services and in panchayati raj. The legality of such reservation can be justified through
article 15(3) of the Indian constitution.

Article 15(3) of the Constitution states: “ Nothing in this article shall prevent the State
from making any special provision for women and children”
The idea behind giving reservation to women came with a perspective to uplift the social
and economical condition of the women. In fact, It was successful in achieving the goal
to a large extent , and women's condition in urban areas and rural areas got better.
According to the world bank india report, the literacy rate of women has jumped to 77%
whereas male literacy rate stands at 84%. At the other side, according to the PIB report
of PIB, the participation of labour force has gone upto 57.5%, where female labour force
is only 25%. It depicts the reservation has only helped to uplift the women to be
educated and independent. But when it comes to participation , it shows its declination.

It has been even seen that the advantage of reservation has been majorly enjoyed by
upper class or rich class women . The reservation could not uplift the women who were
in need of it . The participation of women belonging to st/sc and rural areas in
employment is less than 15%. Such women are either restricted to agricultural work or
household work. Even the equal remuneration act,1976 helped women of urban areas,
whereas lower class and rural area women still suffer from unequal pay for equal work.

Here ,Feminism will never ask for reservation for those women who already have
enough advantage. Feminism will only support reservation for those underprivileged
women who are far from such advantage like rural area women , poor st/SC women.
Feminism will apply the concept of equality for developed urban women and will support
equity for poor rural women. feminism will rather ask women to compete with men
without asking any privileged as it will boost their personality and capacity.she will
become stronger while dealing with problems .

:FEMINIST JUDGEMENTS:
In the past few years, some landmark judgments proved the true existence of feminism .
Feminism itself believes not just in acquiring rights but also taking responsibility like
men. They do not always ask about equality in the sense of rights, but also equality in
the sense of duty. There is a very famous case, where women break the stereotype of
the army responsibility,which was only for men.

1. :Secretary Ministry of Defence v. Babita Puniya & Ors:

The fact of the case : The provision of section 12 of the army act,1950 prohibits
the entries or recruitment of women in the army. Though it had exceptions too
with the provision, which says the exception can be accepted in certain cases
where the central government allows women recruitment to some extent. Women
officier of these cadres started asking for the equal and partial treatment with
them like their male counterparts, when it comes to recruitment. They raised
 questions on the authorities for not allowing them for permanent commission
even after having capacity like their male counterparts.

Later, in the month of February in 2003 PIL was filed by the Babita Puniya
against such provision and allowing SSC women officers to acquire permanent
commission .

Judgment:The Supreme Court in this case ushered for transformative

constitutionalism by breaking gender stereotypes in the Indian Army. The court
said that all women army officers are eligible to be appointed in commanding
roles and are also entitled to permanent commissions. The Court further said the
submissions made by the Ministry of Defense, “are based on sex stereotypes
premised on assumptions about socially ascribed roles of gender which
discriminate against women. Underlying the statement that it is a “greater
challenge” for women officers to meet the hazards of service “owing to their
prolonged absence during pregnancy, motherhood and domestic obligations
towards their children and families” is a strong stereotype which assumes that
domestic obligations rest solely on women.” The Court held that such notions are
flawed and are in clear violation of Article 14 of the Constitution of India. This
judgment shall always be celebrated which paved the way for gender equality in
defense services.

The next case law and judgment show how females are raising their voice against the
problems faced by women at the workplace. They choose not to be tolerance for any
kind of sexual harassment. Such feminist determination proved, Sexual Harassment At
Workplace Is an abuse to women’s dignity and voilation to Women’s Fundamental Right

2. Punjab and Sind Bank & Ors v Mrs Durgesh Kuwar,(2020

Fact of the case - in this case, a senior female officer of a public sector banking
institution put an allegation in front of the court that her reports about irregularities and
corruption at her branch and case file by her against an officer who sexually harassed
her lead to her transfer and demotion. Here, the service law was clashing with the
fundamental and constitutional right of the individual. Here , the right to live with dignity
of women was infringed as she was sexually harassed at her workplace.
judgement: In this case court not only cancel the transfer order of female bank
employee who had complaint about sexual harassment by a senior colleague on her,
but also held that, “sexual harassment at work violates women’s fundamental right to
equality, their right to live with dignity and to practise any profession.”

These are some supporting cases of the feminist movement , where it proved the fight
for rights and fight for responsibility. The first case shows how women are enthusiastic
to stand equal for nation responsibility. Things to be noted here, taking on such
responsibility can cause loss to herself, but a true feminist is always ready to have equal
as men while taking responsibility also.

The next case shows, she deserves to live life with dignity, which upheld her
fundamental rights. A true feminist ready to work outside without compromising her
dignity. Raising voice against such wrongs , is not just raising voice for herself but also
for all women , who have suffered such problems. It would also help women in future to
tackle such issues.

Other cases which lead to landmark judgment, because of feminist moves..

3.Vishaka Vs State of Rajasthan

Fact of the case: Bhanwari devi was a social worker, who used to work for preventing
child marriage. One day, she got the information about the incident of child marriage
happening in the village. She went there to stop the marriage and was successful in
doing so. As a consequence of it, one of the member of that family with 5 other men
gang raped her infront of her husband. In order to seek justice, she went to the court.
Unfortunately,because of lack of evidence she could not get justice. Later, All 5 accused
were acquitted .

Later bhanwari devi with vishakha and other social worker filed writ petition in the
supreme court against sexual harassment at workplace , where the guildlines should be
framed against the sexual harrasment of women at workplace.

Judgment: The court held that the sexual harassment of women at work place is
voilation of fundamental rights of women, i.e right to life with dignity. Moreover, on 13
August, 1997 supreme court commissioned Vishakha guidelines that explicitly define
sexual harassment at work place , apart from it, there are certain guidelines made
which prevent sexual harrasment at workplace and provide punishment for commission
of such act. Even, the onus of providing a safety environment to female employees is
on employers as per the guidelines.
4..Laxmi Vs Union Of India
Fact of the case: It was the year 2006, when an acid attack victim laxmi filed a petition
in supreme court to regulate the sale of acid in the market and provide adequate
compensation to the victim of acid attack.

judgment: Looking after the rise of acid attack cases on women , courts reach the
conclusion that it is very necessary to regulate the sale of acid in the market. It will
ultimately reduce the increase of acid cases. Eventually, in 2013 the supreme court
imposed stringent regulation on the sale of acid.

Later the government banned over the counter sale of acid. Now dealers can sell acid
only if buyers give their identity proof along with reason for purchase . It was the duty of
the acid dealer to give a report to the police about the sale of acid within 3 days of sale.
In fact, dealers were prohibited to sell acid to a person who is below the age of 18.

These are the cases in the past which prove that feminism has played its great role.
Here they were not asking for something or such rights which can violate other
individuals rights , or to be more precise they were not infringing any men’s rights.
They were a little insecure about their safety and equality in society, which later led to
allowing them to have their rights and social justice with them.

1.The Secretary, Ministry of Defence V. Babita Puniya & Ors. (2020) 7 SCC 469 (June 10, 2023).
http://dx.doi.org/10.2139/ssrn.4475209
2.Vishaka & Ors. v State of Rajasthan & Ors. ((1997) 6 SCC 241)
3 Mary Roy vs State Of Kerala & Ors 1986 AIR 1011,SCR (1) 371
4.Union of India Laxmi v. Union of India, 2014 4 SCC 427
5.Punjab And Sind Bank vs Durgesh Kuwar on 25 February, 2020
 : Critics against of feminist in india and its counterparts argument:

1. Anti nationalist and western ideology:

feminist often face criticism for following western ideology. Some nationalist
believe that feminist leading to demolish the beauty of Indian culture and ethics.
They advocate that feminism is taking away women from their primary role i.e
family and home. It is shaping Indian women as per the western ideology, where
they are much concerned about their career rather than their family . Nationalist
look at this movement and ideology as a threat to their cultural norms. They even
claim that feminism is used as a tool by global organizations and western
countries to undermine national sovereignty.

Counter argument to the critics : Feminism never compels any woman to choose
career over her family. It leaves the choice on her as an individual. She can
either choose to be a mother or any employee, she has complete freedom to go
with the idea of what she wants. It never imposes western culture on her, it only
make aware to stand for herself as her choices are often undermined with the
name of conservatism and family . She has the right to adopt the way she wants
to be, either as a housewife or working woman. It can not ever cause to treat
their culture and nation as both give the respective rights to them.

2. :Anti men and radical : patriarchal society believes that it is against men . Only
the concerns of women are considered, and it overlaps the rights of men. It
prevents the men from exercising their rights. Feminism gives over privileges to
women over men. Feminism's goal is even to ruin the culture of men's society ,
which has been running for a long time.

Counter to the critics: Feminism never infringe the rights of men. It only stops men
from being dominant in society . It talks about equality and gender justice , no one
should be superior or inferior in society , everyone deserves to be equal . True
feminism believes in respecting men, but not following the conservatism of society ,
which is created only for men. True feminist even raise their voices for men , not as a
specific gender but as an individual issue. Feminist never asked for over privileged
them, it asked for equality and equity as per the condition of prevailing society.

● There are other criticisms by extremist , political leaders,economists and even

individuals . The reason for such critics is the misunderstanding of feminism by
 them. They often think about pseudo feminism, when feminist comes to their
mind . feminism is always against pseudo feminism as feminism never goes
biased and believes in gender neutral equality .

A true feminist even criticizes females for misusing their rights. They never support
women who misuse law , which is given to them for their protection . For instance ,
feminist will never support the Nisha sharma case for misusing the law . Moreover, it will
have more of a concern for other women as because of one act other women will suffer
while asking for their rights.

:GENDER NEUTRAL MOVEMENT BY FEMINIST:

Feminist were neither against male nor biased towards females. It even talks about the
rights of LGBTQ. The feminine always stayed to be gender neutral, who ask for the
rights of females by keeping other gender rights in mind. It encourages all the genders
to be part of gender equality and gender justice. There are some examples of the
movement, which reflects the gender neutral behavior of feminist. It will demonstrate the
movement run by feminist in order to promote gender equality.

These movements often focus on dismantling patriarchal norms and stereotypes that
affect both men and women. Here are a few examples:

1. HeForShe: Launched by UN Women, the HeForShe campaign encourages men and

boys to stand in solidarity with women and promote gender equality. It highlights the
importance of engaging men as allies in the feminist movement.

2. MenEngage Alliance: This global network includes organizations and individuals

working to promote gender equality and social justice by involving men and boys. They
emphasize the positive role men can play in challenging harmful gender norms.

3. Gender Neutral Parenting: Some parents and advocacy groups are promoting
gender-neutral parenting, which aims to raise children without strict gender roles and
stereotypes. This approach allows children to explore their interests and identities freely.

4. Non-Binary and Genderqueer Activism: Activists advocating for non-binary and

genderqueer individuals often align with feminist principles to challenge traditional
gender norms and promote acceptance and understanding of diverse gender identities.
5. Queer Feminism: Queer feminism encompasses a range of movements and activism
focused on the intersection of gender and sexuality. It advocates for the rights and
visibility of LGBTQ

:CONCLUSION:

Feminism was always gender neutral and asked for gender justice. It was people who
misunderstood it and misinterpreted it . Feminism always welcomes the concept of male
and female equality. Its primary focus is to provide female equal status as men. It will
never want to overtake the rights of men in order to give rights to females. The concept
of true feminist and pseudo feminist should be understood by people , so that they could
accept the reality. The feminist is as liberal as other ideologies, it only hate exploitation
of patriarchy society, which unnecessarily imposed restrictions on women.