FEMINIST

JURISPUDENCE

Presented by
JAMSHEEDA KP
 Introduction

Feminist jurisprudence, also known as feminist legal theory

or feminist legal studies, is a branch of legal theory that
examines how the law and legal systems impact gender
equality and the rights and interests of women. It critiques
existing legal structures, practices, and norms from a
feminist perspective and advocates for legal reforms to
address gender-based discrimination and inequality.
 History of feminist jurisprudence

First phase

Second phase

Third phase
 Feminist jurisprudence
Feminist jurisprudence is a philosophy of law based on the political, economic,
and social equality of sexes.

• Feminists believe that law is not neutral or impartial.

It systematically maintains and legitimates “patriarchy”

Phenomenon of power being male hands.

• Male-written history has created a bias in the concepts of human nature,

gender potential, and social arrangements.
Schools of feminist jurisprudence

* LIBERAL FEMINISM
* MARXIST FEMINISM
* RADICAL FEMINISM
* SOCIALIST FEMINISM
* ECO-FEMINISM
 LIBERAL FEMINISM
*Challenge the assumption of male authority and superiority and
seek to erase gender based distinctions recognized by law.

* Asserts that women are similar to men in their ability to operate

in public world.

* Focuses on equal opportunity to make their own choices.

 Criticism on Liberal feminism

Liberal feminism, which flourished in the 1960s, did not provide

detailed insight into the causes of women’s backwardness.
However, unlike the earlier ones, feminists raised more voices
for equality in the political and economic spheres. Liberal
feminism advocated for equal rights for women while accepting
the existing social system and not insisting on changing the
social structure, social customs, laws and attitudes for the
improvement of social conditions. They believed that society
could be changed through reform and that there was no need for
an ultimate reorganization.
 Radical feminism
*Power and sexuality are the central focus on radical feminism.

*Believes that women is a class dominated by men as another class.

*Emphasizes the patriarchal roots of inequality between men and

women.

*Radical feminism views patriarchy as dividing rights, privileges and

power primarily by gender, and as a result oppressing women and
privileging men.

*Radical feminists tend to be more militant in their approach (radical as

“getting to the root”) than other feminists are.

*Radical feminism opposes existing political and social organization in

general because it is inherently tied to patriarchy.
 Criticism

Radical feminism has been criticized

worldwide. The main criticism leveled
against them is their silence on
economic exploitation
 Eco-Feminism

Ecofeminism is a kind of political ideology. It can

be considered as a political ideology to affirm the
biological relationship between women and
nature.
Ecofeminism is the blind industrialization of
society
Eco-feminists are a protest or resistance based
on feminism against environmental activities and
destruction of nature.Eco-feminists argue that
women are directly or indirectly affected by
environmental problems such as pollution and
deforestation
 Marxist Feminism

*This type focuses on the social institutions of private property

and capitalism to explain and criticize gender inequality and
oppression.

* It states that private property gives rise to Economic inequality,

dependence, political and domestic struggle between the sexes
and it is the root of women’s oppression
 Criticisms
■Radical feminists argue that elements of
modern society (law, religion and politics are all
the product of males hence have a patriarchal
character, thus the best solution for women’s
oppression would be to treat patriarchy not as a
subset of capitalism but as a problem on its
own, hence eliminating women oppressions
would be to eliminate all forms of male
domination
 Socialist feminism
This type focuses on the public and private spheres of
a woman’s life, and argues that liberation can only be
achieved by working to end both the economic and
cultural sources of women’s oppression
 RELATED LEGAL CASES

*Vishaka v. State of Rajasthan(1997): set crucial guidelines against

workplace sexual harassment in India, marking a significant step in
safeguarding employees, particularly women, from such misconduct

* Shah Bano Case(1985); highlighted the issue of Muslim women’s

rights to maintenance after divorce.

* Satyamurti v. Sundaramurti(1996): addressing property disputes among

family members and emphasizing principles of fairness and equity in
property division.
*Aruna Ramachandra Shanbaug v. Union of India(2011): highlighted
issues related to euthanasia and end-of-life decisions, ultimately
leading to important legal and ethical discussions on the subject.

*Navtej Singh Johar v. Union of India (2018): decriminalized

consensual homosexual activity.

* Saroj Rani v. Sudarshan Kumar Chadha(1984): challenged the

constitutionality of Section 125 of the Code of Criminal Procedure,
resulting in an important ruling affirming a wife’s right to maintenance
even if she was not living with her husband.

* Sabarimala Temple Entry Case(2018): allowing women of all ages to

enter the Sabarimala Temple, ending a long standing practice of
restricting entry based on gender.
 Conclusion
Feminist Jurisprudence is a fight against traditional law which are mostly
patriarchal in nature. One wonders what changes could have possibly
occurred had the feminine view was taken in framing of laws. This project
compared the concept of Feminist Jurisprudence with other disciplines as it
cannot be understood in isolation. It aims at celebrating some milestones
achieved by a change in law due to Feminist Jurisprudence globally and in
India. This project aims to study the radical change in mindset of people due
to feminism and whether they are accepting this change.
The various stages of development of feminism in India is seen from
1915 to Independence and after. There has been a major change in the
ideas and role of women in the society. Earlier, women did not question
their roles in society but with the increase in influence by women in
various areas, the revolution has given food for thought, for women to
question the ways and methods of society and why
they are the way they are, and to find out a possibility of their
change.Various obstacles for feminist jurisprudence or growth of
feminism are also mentioned and the impact of whatever effort has been
made post-independence is also highlighted
 Bibliograph
y
* https://www.legalserviceindia.com/legal/article-1859-
feminist-jurisprudence-and-its-impact-in-india-an-
overview.html

*Feminist Jurisprudence: An Evolution from Fixed Mindset

to A ...
https://amity.edu/UserFiles/aibs/f5df2019%20AIJJS_29-
36.pdf

Women in contemporary society -

Dr Ashokan Nochad