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Feminist Jurisprudence
Feminist Jurisprudence
Feminist Jurisprudence is the study of construction and working of the law from perspectives which foreground the implication of the law for women. Feminist Jurisprudence focuses on how the system has been structured that requires less need of women. Feminist jurisprudence claims that patriarchy infuses the legal system and all its workings. It was in 1989 M. Fathima Beevi became the first female judge of the Supreme court of India. It took 42 years post independence to have a female judge in the highest court of our country.
Feminism really means a set of movement seeking gender equality. It is the belief in social, economic and political equality of the sexes. Feminism was initially originated in the West but now it is a worldwide phenomena. In India, in case of employment, education, sex-select abortion etc. one can see feminism. In the present situation we can see that there are many organizations and groups who supports and promotes the upliftment of women. But these organizations and groups mainly focuses on the ones who are already privileged and the needs to poor or tribal women are mostly neglected. Unlike the Western world, in India, men were the ones who brought the concept of feminism. It was indeed the efforts of men that led to the abolishment of Sati.
Feminist writers criticize the inherent methodological framework used by such legal positivist as Hart, Austin and Kelsen. Theory of Legal Positivism and Rule of Law is also criticized by feminist jurists. Contemporary feminist philosophy of law are influenced from various scholarly perspectives such as critical race theory, international human rights theory, postcolonial theory, critical legal studies and queer theory.
Feminism in India is a set of movements aimed at defining, establishing, and defending equal social, economic, and political rights and equal opportunities for Indian women. It is the pursuit of women's rights within the Indian society.
Due to increase in the feminist movement and growing knowledge about feminism various Acts are specially made for women rights such as The Immoral Traffic (Prevention) Act, 1956, The Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986), The Indecent Representation of Women (Prohibition) Act, 1986, The Commission of Sati (Prevention) Act, 1987 (3 of 1988), Protection of Women from Domestic Violence Act, 2005, The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
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. It would have been different from the masculine view. In India, we know that there has been a drastic change post independence. Woman are much more active than what they were before a century ago.
There has been a major change in the ideas and role of women in the society which can be witnessed from 1915 to post independence. 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.
