Back to: Gender, School and Society- Unit 2
Feminist jurisprudence lays stress on the different aspects of philosophy and theory. It can be considered as a natural extension of the female reflections and speaking engagement with an area of discourse which is law and justice. Feminist jurisprudence refers to a philosophy concerning the law that is based on the premise of the political, economic, and social equality of all genders. According to feminists, there is an age-old law and several practices that are produced from the law point of view of men. This does not reflect the point of view of women and neither does it include their role in history.
Major Schools of Thought in Feminist Jurisprudence
There are three major schools of thought in feminist jurisprudence:
This school of thought lays stress on encouraging and empowering the voice of the moral and ethical values of men and women. It encourages the appreciation and celebration of the differences existing between men and women.
This school promotes individual liberty, freedom from narrow and ancient beliefs of male authority, and patriarchal society. It also seeks to remove gender-based distinctions.
Radical and Dominant Feminism
This school is akin to cultural feminism to a certain degree. This school of thought also stands against the inequality of women. They encourage the abandonment of the traditional practices which stem from the point of view of men and consider men to be superior.
Issues of Feminist Jurisprudence in India
The issues of feminist jurisprudence in India are as follows:
Sexual Harassment at Work
Sexual harassment at work whether it is through unequal pay for equal work or favoring men for promotion is quite prevalent.
In several countries all around the world, men are still given more importance when it comes to political representation.
Custody is a problem that persists and even when a woman is the one who gives birth to a child, their right to take care of them is often taken away.
Many land rights may still be under the legal name of men rather than women which poses a challenge for women.
Even in the modern age, dowry is a prevalent practice in several parts of the country, particularly in remote areas.
Impact of the Feminist Jurisprudence
The impact of the feminist jurisprudence in India is as follows:
Several fundamental rights have been introduced in the Constitution to protect the rights of all genders including females.
Article 15 has been introduced to protect the female gender from any kind of discrimination.
Clause 3 of Article 15
Within article 15, clause 3 gives the state the power to make any special provision for women and children to encourage equal protection of the law and help it become stable.
Neutral Laws and Practices
The efforts of women to change the laws and make them gender-neutral have worked as many laws have changed to protect the rights of all genders.
Article 39(d) of the Directive principle of state policy promotes equal pay for equal work to both men and women.