Gender justice

and feminist
Jurisprudence
By Rupaksh Sharma , Faculty
associate , ILS , IUD
Introduction
 “No one should be disadvantage because of their sex ”
 The principle of Gender justice ( GJ) meant to capture the
nature of a very wide range of injustices based on gender.
 In the gender just world, a gender neutral life would be least
costly.
 Gendered lifestyle should not be ruled out but should not be
achievable at the lower cost than gender-neutral lifestyle.
 Liberal egalitarian justice
 The sense of cost is similarly wide
 The gender division of labor.
 The first model cantered on equality between man and
women and focus on enjoyment of all good things by women
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 Second model consists differences in discovering,

explaining and enhancing the values.
• Question is – who will do what it takes to maintain the
spheres of family , close relationship and domestic
work?
• The feminist are being criticized as compromising the
quest for equality by relegating (put something lower)
feminine.
• Second solution-

Making women and men equally well off.

Criticism – entrenching the gendered division of
labour.
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 Stalledrevolution
Scope of gender Justice –
 Some form of gender injustices are easy to identified. But exact
definition of gender injustice and therefore the scope of gender
injustice is are controversial matter.
 In many countries, injustice against women is particularly high
 Women receives lower pay then men for same work
 Don’t have equal legal rights.
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 For example – women’s second shift. Significant number of
women simultaneously full time job and hold full time jobs.
 The cases of divorce.
 Status quo.
 Actions guided by adaptive preferences.
 The just society allow its members to share the benefits and
burden of living together fairly.
A principle of gender justice
 A gendered division on labour, even it burden women and men
equally is unjust if it is a social context that endorse gender
norms that make some choices cheaper for women and choices
cheaper for man.
 The pressure that norms put on people casts doubts on individual
freedom to choose certain valuable element.
 The pressure of gender norms –
There are three different way in which gender norms can interfere
with just outcome through limiting individual choices.
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I. Gender bias operates at the unconscious-
even if individual who consciously reject gender norms lead to
unconsciously evaluate women and men on different criteria.
 Expect member of each gender to do better in those respects
that are traditionally associates with their gender. This is
called Implicit Bias.
 Implicit bias often put people at net disadvantage.
 Stereotype threat – Invites unjustified
discrimination.
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 The women has to proved herself more than a she would had she been a man. ( glass

ceiling effect).

Second –

Gender expectation

Third –External pressure in the form of gender expectations can generate what economists

call statistical discrimination.

 If most people from your social group conform to gender expectations, other will
reasonably predict that you will confirm as well even if in fact you are not and will treat
you accordingly.
 Example – If enough women put less time then men in advancing their career because of
dedicating their time to near and dearest, it would be reasonable for employee to expect
any women who is needy dependents to do so .
The Principle explained
 The gendered lifestyle means lifestyle that conform to gendered
norms.
• In the contemporary social world they usually impact the division of
labor, standard of beauty and bodily propriety, standard of sociability,
emotions, interest and taste, competence and standard of sexual
morality.
• In all above respects women and men are treated with different
norms.
• In a gender neutral lifestyle one must what will be lifestyle in a world
without gender norms.
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 Elements which includes two conditions-

I. We have good reason to believe these lifestyle elements as

valuable.

II. Valuable can be attend by number of people without

excluding others from attending them. They are co –
exercisable options.
 What are the elements of gendered lifestyle ?
 Some lifestyle which are unequally accessible to men and
women that is why these are elements of gender lifestyle .
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 Example –

Direct expression of one sadness or fear is better accommodated

by norms of femininity rather by norms of masculinity.

There will be no reason for people’s direct expression of their

sadness would limit people freedom to do so.

Example –

Non domestic work is associated with the norms of masculinity

while caregiving with the norms of femininity.
Lifestyle chart
1. Lifestyle A – Includes both nondomestic work and
caregiving.
2. Lifestyle B -Dedicated oneself entirely to the career.
3. Lifestyle C – To caring for those nearest and dearest
If everyone did only one nobody would do the other and
society would come to halt.
 In a just world neither B and C should be the cheapest
lifestyle for anybody. The gender norms often render B the
cheapest option for the Men and most costly to the women.
Conclusion
 Firstconclusion is Gender division of labor.
 Second conclusion – Gender injustice does not
only effect the women and men too.