FEMINISM

INTRODUCTION:-
"Purple is to lavender as woman is to feminist" - Alice Walker
Pre-colonial social structures and women’s role in them reveal that
feminism was theorized differently in India than in the west. Colonial
essentialization of "Indian culture" and reconstruction of Indian
womanhood as the epitome of that culture through social reform
movements resulted in political theorization in the form of nationalism
rather than as feminism alone.

Indian feminist scholars and activists have to struggle to carve a

separate identity for feminism in India. They define feminism in time
and space in order to avoid the uncritically following Western ideas.
Indian women negotiate survival through an array of oppressive
patriarchal family structures: age, ordinal status, relationship to men
through family of origin, marriage and procreation as well as patriarchal
attributes - dowry, siring sons etc. - kinship, caste, community, village,
market and the state. It should however be noted that several
communities in India, such as the Nairs of Kerala, certain Maratha clans,
and Bengali families exhibit matriarchal tendencies, with the head of the
family being the oldest women rather than the oldest man. Sikh culture
is also regarded as relatively gender-neutral.

"If the first woman God ever made was strong enough to turn the
world upside down all alone, together women ought to be able to turn
it right side up again." - Sojourner Truth
MEANING: "An awareness of women’s oppression and
exploitation in society, at work and within the family, and conscious
action by women and men to change this situation". (Bhasin and Khan
1986).
Feminism is a diverse, competing, and often opposing collection of
social theories, political movements, and moral philosophies, largely
motivated by or concerning the experiences of women, especially in
terms of their social, political, and economical inequalities.
Feminist theory is the extension of feminism into theoretical, or
philosophical ground.

FEMINISM FEMINIST

The “theory of the political, economic (Government, Politics & Diplomacy) a

and social equality of the sexes” person who advocates equal rights for
women

HISTORY: Feminist theories have emerged as early as 1792. Susan

B. Anthony gave a speech within court in 1872 She raised the question
of why women should be punished under law but they cannot use the
law for their own protection (women could not vote, own property, nor
themselves in marriage). She also critiqued the constitution for its male
gendered language and questioned why women should have to abide by
laws that do not specify women. The feminist political movement began
in the nineteenth century with a call for female suffrage. At a convention
in Seneca Falls, New York, in 1848, a group of women and men drafted
and approved the Declaration of Rights and Sentiments. This document,
modeled on the language and structure of the Declaration of
Independence, was a bill of rights for women, including the right to vote.
(Popularly known as First-Wave Feminism). Throughout the late 1800s,
feminist leaders Susan B. Anthony and Elizabeth Cady Stanton were
persistent critics of male society's refusal to grant women political and
social equality. In the mid-nineteenth century, many state legislatures
passed married women's separate property acts. These acts gave women
the legal right to retain ownership and control of property they brought
into the marriage. Until these enactments a husband was permitted to
control all property, which often led to the squandering of a wife's estate.
Finally, when the nineteenth amendment to the U.S. Constitution was
ratified in 1920, women gained voting rights in the United States.

The modern feminist movement began in the 1960s. In 1966 Betty N.

Friedan, author of The Feminine Mystique (1963), organized the first
meeting of the national organization for women (NOW). In 1968 NOW
staged a protest at the Miss America Pageant. By 1970 Robin Morgan
had enough material on feminism to publish a popular anthology,
Sisterhood Is Powerful. Women who had become civil rights and
antiwar activists in the 1960s soon turned their attention to gender
discrimination and inequality. The decision in Roe V. Wade, 410 U.S.
113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), which defined the choice of
abortion as a fundamental constitutional right, became a touchstone for
feminists who argued that women must have reproductive rights.

To many feminists, Roe v. Wade meant more than the choice to have an
abortion. The Court recognized the fundamental right of choice,
concerning a woman's right to make decisions regarding her body.
Maternity, noted the Court, "may force upon the woman a distressful life
and future," including psychological, mental, and physical health factors.
The holding was a dramatic shift from traditional male-dominated
jurisprudence which often sought to protect women in a paternal sense
but did not recognize the rights of women to make fundamental choices
on matters concerning their own well-being.

Accordingly, feminists have remained staunchly supportive of the Roe v.

Wade decision, despite a heated national debate regarding abortion.
Nineteen years after Roe, feminists rallied to support the decision when
the Supreme Court reconsidered its decision in Planned Parenthood of
Southeastern Pennsylvania v. Casey, 505 U.S. 833, 112 S. Ct. 2791,
120 L. Ed. 2d 674 (1992). Although the Court permitted certain
restrictions upon abortions, it held intact the fundamental right of choice
announced in Roe.

The 1960s and 1970s also saw a revival in the interest in adopting a
constitutional amendment to provide greater protection of women's
rights than those in the Fifth and Fourteenth Amendments of the U.S.
Constitution. The equal rights amendment, which was originally
conceived in the early 1920s, was introduced to the states in 1972. The
text of the amendment read: "Equality of rights under the law shall not
be denied or abridged by the United States or by any state on account of
sex." Supporters of the amendment believed it would overcome
weaknesses in federal statutes and judicial interpretations of the
Constitution with regard to the protection of women's rights. The
proposal eventually failed to garner the necessary votes from three-
fourths of the states.

With the rise of the women's movement and a growing percentage of

women attending law school, feminist critiques of the law soon
emerged. One criticism concerned the way history was written.
According to feminists, traditional historians wrote from the male point
of view and excluded that of the female. These historians did not inquire
into women's role in making history, structuring society, and living their
own lives. Feminists point out that male-written history has created a
male bias regarding concepts of human nature, gender potential and
social arrangements.

Organized feminism did not really kick off until the first Women's
Conference held in Seneca Falls, America, in 1848. Women began to
realize that in order to transform society they would need their own
organizations to do so. They campaigned upon a whole range of issues;
from guardianship of infants, property rights, divorce, access to higher
education and the medical professions, to equal pay and protective
legislation for women workers - many of which women are still
campaigning for today!

1940s and 1950s

The war had challenged stereotypes in the workplace and so women

began to enter the employment market in much larger numbers. This is
perhaps one of the greatest achievements of the century.

1960s and 1970s

These decades saw the radicalisation of the feminist movement, led by

American women. The mass entry of women into the workforce and the
Pill changed women's traditional role within the family. Feminists
demanded the right to abortion on demand, free childcare provision and
equal pay.

It took 70 years for women to get voting rights, some even gave their
lives for it and in many countries it is still being fought for.
Women's suffrage (the rights to vote) denied or conditioned
 * Lebanon - Partial suffrage. Proof of elementary education is
required for women but not for men. Voting is compulsory for men
but optional for women.
* Saudi Arabia - No suffrage for women. The first local elections
ever held in the country occurred in 2005. Women were not given
the right to vote or to stand for election.
* Vatican City - No suffrage for women.

Unlike the Western feminist movement, India’s movement was initiated

by men, and later joined by women. Some of the most influential men
involved were:

• Dr. Babasaheb Ambedker

• Raja Ram Mohan Roy
• Ishwar Chandra Vidyasagar
• Keshav Chandra Sen
• Malabari Phule
• Gopal Ganesh Agarkar
• Mahadev Govind Ranade
• Dhondo Keshav Karve
• Lokmanya Tilak

The efforts of these men included abolishing sati, which was a widow's
death by burning on her husband's funeral pyre, the custom of child
marriage, abolishing the disfiguring of widows, banning the marriage of
upper caste Hindu widows, promoting women’s education, obtaining
legal rights for women to own property, and requiring the law to
acknowledge women’s status by granting them basic rights in matters
such as adoption.

1947 : The freedom struggle saw active participation by women.

1946-52 : Telengana agitation in which women were trained as

guerrillas.
1974 : Nav Nirman agitation.

1978 : First national conference of socialist feminists in Bombay.

1980-83: Campaigns against dowry.

1987 : Campaigns against domestic violence and rape.

1986 : Movements against Muslim Women’s Bill.

1987 : Agitation against sati

Feminists and scholars have divided the movement's history into three
"waves".

The first wave refers mainly to women's suffrage movements of the

nineteenth and early twentieth centuries (mainly concerned with
women's right to vote). The Seneca Falls declaration.

The second wave refers to the ideas and actions associated with the
women's liberation movement beginning in the 1960s (which
campaigned for legal and social equality for women).

The third wave refers to a continuation of, and a reaction to, the
perceived failures of, second-wave feminism, beginning in the 1990s

• METHODOLOGY: There are three notable features

characterizing the feminist investigation into the nature of law.
1. Asking the women question: That is to determine and
recognize experience of women in relation to law. The
essential women question is how existing legal standards and
concepts might disadvantage women for whatever reason.
2. Feminist Practical reasoning: Employing a mode of
reasoning arising from context which appreciates the
 differences between persons and values the experience of the
unempowered.
3. Consciousness raising: Raising individual awareness of the
collective experience of women through a sharing of
experiences.

• ENACTMENTS & SUBJECTS OF FEMINIST LEGAL

THEORY IN INDIA:

ENACTMENTS

 The Dowry prohibition Act 1961,

 The Equal Remuneration Act 1986,

 The Hindu Marriage Act 1956,

 The Hindu Succession Act 1956,

 The Muslim Women (Protection of Rights on Divorce) Act,
1986,
 The Commission of Sati (prevention) Act 1987,

 Protection of the Women from Domestic Violence Act 2005,

etc. But, the laws have hardly implemented in their letter and
spirit.
 SUBJECTS
1. Rape
2. Domestic Voilence
3. Sexual Harassment
4. Surrogate Motherhood
5. Pregnancy and maternity leave
6. Pornography
7. Different retirement ages for men and women
8. Pension entitlements for men and women
• Andhra Pradesh's Hindu Succession (Amendment) Act 1986 is a
piece of legislation that ought to be replicated in all our states. The
Act confers equal rights of inheritance to Hindu women along with
men, thus achieving the constitutional mandate of equality. An
important measure undertaken to thereby eradicate the ills brought
about by the dowry system while simultaneously ameliorating the
condition of women in Hindu society

In India, the problem is mainly in work places i.e. related to Sexual

Harassment and Wage Payment and related to inheritance. Although,
judiciary decided in favour of the deceased i.e. the suffered parties.
IN,
Government of A.P.
V
P.B. Vijayakumar
Supreme Court opined that, "To say that under Article 15(3) job
opportunities for women cannot be created would be to cut at the very
root of the underlying inspiration behind this Article. Making special
provision for women in respect of employments or posts under the state
is an integral part of Article 15(3)".
In,
Mackinnon Mackenzie & Co. Ltd
v.
Audrey D'Costa
The Court observed that there was discrimination in payment of wages
to lady stenographers and such discrimination was being perpetuated
under the garb of a settlement between the employees and the employer.
In,
Gurupad Khandappa Magdum
V
Hirabai Khandappa Magdum
Supreme Court held that, till ascertained share is handed over, the hindu
undivided family (huf) would continue to be treated as the owner of such
assets, notwithstanding the ascertained shares of such female heir as part
of the corpus of the hindu family.
IN,

State of Maharashtra
V
 Narayan Rao Sham Rao Deshmukh
Supreme court reiterated the view in Magdum’s case.

And also after the amendment of Hindu Succession Act in September

2005 under Sec. 3(2), the right of a Hindu widow to get the full share of
her late husband in coparcenary property (with limited interest — later
enlarged to absolute right) continues or has been curtailed now. It means
that From September 2005, daughters also have become coparceners.
So, these are some landmarks where the legislature and judiciary had
performed a well job i.e. by serving in favour of the deceased or victim
in a way that the truth or right should not to fail.
• NIDUS OF FEMINIST LEGAL THEORY: According to
According to Heather, the feminist inquiry into law can be seen as
posing seven particular question
1. What have been and what are now all womens experiences
of the life situation addressed by the doctrine, process or area
of law under examination?
2. What assumptions, descriptions, assertions or definition of
experience male, female does the law make in this area?
3. What is the area of mismatch, distortion or denial created by
the differences between women’s life experiences and the
law’s assumptions or imposed structure?
4. What patriarchal interest are served by the mismatch?
5. What reforms have been proposed in this area of law or
women’s life situation?
 6. In an ideal world what would this women’s life situation
look like?
7. How do we get there from here?
• LORD DENNING ON GENDER JUSTICE: A women feels
keenly thinks as clear as man. She in her sphere does work as
useful as man does his work. She has much right as to her freedom
to develop her personality similar to men. When she marries she
does not become husband’s servant but equal partner to him. Both
share equal status.

THEORIES OF FEMINISM
With any ideology, political movement or philosophy, there is no single,
universal form of feminism that represents all feminists. The most well-
known types of feminism are: liberal feminism, social feminism, radical
feminism, and post-modern feminism.

Liberal Feminism: Liberal feminism seeks no special privileges for

women and simply demand that everyone receive equal consideration
without discrimination on the basis of sex. Liberal feminists would seek
to remove barriers that prevent equal access for women to information
technology jobs not only to provide economic equality but to provide
access to higher-paying jobs for women.
all people are created equal
faith in rationality
education is means to change
oppression of women is not a structural feature of capitalist economic
system
look to state to bring about women's liberation through legislative
measures - equality through law
professional and middle-class women
National Action Committee on the Status of Woman (N.A.C.):
umbrella organization representing 500 hundred feminist-oriented
 women's groups
National Organization of Women (N.O.W.)

Socialist Feminism: Contrast to liberal feminism, socialist feminism

rejects individualism and positivism. Social feminism believes that
technology and the social shaping of technology have often been
conceptualized in terms of men, excluding women at all levels. Socialist
feminist reform suggests that the allocation of resources for technology
development should be determined by greatest benefit for the common
good. A growing use of cyber protests to disrupt capitalist enterprises
such as the World Bank might be seen by socialists as an example of
information technology use for the common good.

women's oppression caused by their economic dependence

integrate issues of gender and class, i.e. unite concepts of patriarchy
and capitalism
inferior position of women linked to class-based capitalistic system
and family structure within this system
abolition of gender and class are goals where socialism will only occur
with the liberation of women and women's liberation will only occur
under socialism
sexuality is to feminism what work is to Marxism
working class women

Radical Feminism: Radical feminism maintains that women’s

oppression is the first, most widespread, and deepest oppression. Radical
feminism rejects most scientific theories, data, and experiment not only
because they exclude women but also because they are not women-
centered. Radical feminism suggests that because men, masculinity, and
patriarchy have become completely intertwined with technology and
computer systems in our society, no truly feminist alternative to
technology exists.

women's oppression is the fundamental oppression at the root of other

"isms"
sexism is at the core of patriarchy especially in the family
 male domination is the problem
create institutions for women only
extreme view would call for severing relationships with men, i.e. end
heterosexual relationships
total restructuring of society
violence against women (rape, sexual harassment, incest, pornography
and domestic violence) are focus issues

Postmodern Feminism: Postmodern feminist theories imply that no

universal research agenda or application of technologies will be
appropriate and that various women will have different reactions to
technologies depending upon their own class, race, sexuality, country,
and other factors. This definition of postmodern feminism parallels the
description of the complex and diverse co-evolution of women and
computing. In contrast to liberal feminism, postmodernism dissolves the
universal subject and the possibility that women speak in a unified voice
or that they can be universally addressed. Wajcman's (1991) thoughtful
analysis of the social constructivist perspective on gender and
technology reveals some of the issues embedded in its assumptions. She
points out that there is no behavior or meaning which is universally and
cross-culturally associated with either masculinity or femininity, that
what is considered masculine in some societies is considered feminine or
gender-neutral in others. It is not that gender difference does not exist
but that it is manifested differently in different societies. Therefore,
addressing the gender gap in IT employment based upon an assumed
"woman's perspective" is problematic. She cites Harding (1986) in
observing that there are as many different "women's experiences" as
there are types of women.

All women are different

Can never generalize
A feminist theory is not possible
Multicultural/Global Feminism

Recognizing all other differences not just gender

Focuses on inclusion of oppressions based on gender, class, ethnicity,
sexuality, able-bodiedness and age
Intersection of gender with race, class and issues of colonization and
exploitation of women in developing world

Amazon Feminism - is dedicated to the image of the female hero in

fiction and fact , as it is expressed in art and literature, This theory of
feminism focuses on physical equality and is opposed to gender role and
discrimination against women based on assumptions that women
supposed to be, look or behave as if they are passive, weak and
helpless.
Ecofeminism - a theory that rests on the basic principal that
patriarchial are harmful to women, children, and other living things.
Often drawn between society's treatment of the environment, or
resources and its treatment of women. Ecofeminism states patriarchal
society is relatively new, something developed over the last, 2000 years
or so and that the matriarchal society was the first society. This
matriarchal society, women were the center of society and people
Goddesses. This is known as the "Feminist Eden", time in
history where women were the center of society.

Cyberfeminism: Cyberfeminism is a woman-centered perspective that

advocates women’s use of new information and communications
technologies for empowerment. Some cyberfeminists see these
technologies as inherently liberatory and argue that their development
will lead to an end to male superiority because women are uniquely
suited to life in the digital age (Millar, 1998). The term cyberfeminism,
which explicitly fuses gender and information technology, arose in the
late 1980s and early 1990s. Hawthorne and Klein in their book,
“Cyberfeminism”, state: “Just as there are liberal, socialist, radical and
postmodern feminists, so too one finds these positions reflected in the
interpretations of Cyberfeminism” (Hawthorne & Klein, 1999).

Cyberfeminists saw the potential of the Internet and computer science as

technologies to level the playing field and open new avenues for job
opportunities and creativity for women where absence of sexism, racism,
and other oppression would serve as major contrasts between the virtual
world and the real world.

Currently, there are not many clear and explicit applications of feminism
theory in the context of Information System research. However, the
emerging area of cyberfeminism can benefit from different types of
feminism in order to build cyberfeminist theories. Cyberfeminism uses
aspects of different feminist theories to reflect many interactions among
information technologies, women, and feminism. Rosser (2005) believes
that Cyberfeminism appears currently to pick and choose among aspects
of various feminist theories in a somewhat uncritical fashion without
developing a coherent or successor theory.

APPROACHES
GENDER EQUALITY: Man and woman are both equal and both plays
a vital role in the creation and development of their families in a
particular and the society in general. Indeed, the struggle for legal
equality has been one of the major concerns of the women’s movement
all over the world. In India, since long back, women were considered as
an oppressed section of the society and they were neglected for
centuries. During the national struggle for independence, Gandhi gave a
call of emancipation of women. He wrote – :I am uncompromising in the
matter of women’s rights. The difference in sex and physical form
denotes no difference in status. Woman is the complement of man, and
not inferior”. Thus, the first task in post-independent India was to
provide a constitution to the people, which would not make any
distinctions on the basis of sex. The preamble of constitution promises to
secure to all its citizens- “Justice- economical, social, and political”.
CONCEPT: Gender Inequalities refers to the obvious or hidden
disparities among individuals based on the performance of gender. This
problem in simple term is known as Gender Bias which in simple terms
means the gender stratification or making difference between a girl and a
boy i.e. a male or a female. In making biasness among the gender India
has 10th rank out of 128 countries all over the world which is shameful
for us . But this problem is increasing although government has banned
the pre-natal sex examination. In India (in the older times) this problem
is mainly seen in the rural areas because many rural people think that the
girl child is burden on them. But now this is also being seen in the urban
areas i.e. in offices, institutions, schools and in society.
Types Of Gender Inequalities
There are many kinds of gender inequality or gender disparity which
are as follows:
1. Natality inequality: In this type of inequality a preference is given
for boys over girls that many male-dominated societies have, gender
inequality can manifest itself in the form of the parents wanting the
newborn to be a boy rather than a girl. It is particularly prevalent in East
Asia, in China and South Korea in particular, but also in Singapore and
Taiwan, and it is beginning to emerge as a statistically significant
phenomenon in India and South Asia as well.
2. Professional or Employment inequality: In terms of employment as
well as promotion in work and occupation, women often face greater
handicap than men. The example of employment inequality can be
explained by saying that men get priority in seeking job than women.
3. Ownership inequality: In many societies the ownership of property
can also be very unequal. Even basic assets such as homes and land may
be very asymmetrically shared. For example, even though traditional
property rights have favoured men in the bulk of India.
4. Household inequality: There are often enough, basic inequalities in
gender relations within the family or the household, which can take
many different forms. It is, for example, quite common in many
societies to take it for granted that while men will naturally work outside
the home, women could do it if and only if they could combine it with
various inescapable and unequally shared household duties.
5. Special opportunity inequality: Even when there is relatively little
difference in basic facilities including schooling, the opportunities of
higher education may be far fewer for young women than for young
men.

Issues that Need Investigation: This is the issue which needs some
investigation. The problems out coming are as follows:
(1) Under nourishment of girls over boys: At the time of birth, girls
are obviously no more nutritionally deprived than boys are, but this
situation changes as society's unequal treatment takes over from nature's
non-discrimination.

2) High incidence of maternal under nourishment: In South Asia

mostly in India, maternal under nutrition is more common than in most
other regions of the world.
(3) Prevalence of low birth weight: In South Asia, as many as 21 per
cent of children are born clinically underweight (in accepted medical
standards) - more than in any other substantial region in the world. South
Asia has around 40 to 60 per cent children undernourished compared
with 20 to 40 per cent under nourishment even in sub-Saharan Africa.
Measures To Solve Gender Inequality
Every problem has its own solution elsewhere or what ever the problem
is?
1. Changes at District level mechanism: A clear cut
administrative should be made available at the district level
for monitoring and reviewing the incidence of inequality
against women.
2. Changes at State level Mechanism: Similarly, like District
level mechanism there should be State level machinery at the
State level.

“Fight for gender equality is not a fight against men. It is a fight

against traditions that have chained them – a fight against attitudes
that are ingrained in the society – it is a fight against system – a
fight against proverbial laxshman Rekha which is different for men
and different for women. The society must rise to the occasion. It
must recognize & accept fact that men and women are equal
partners in life. They are individual who have their own identity”.
- Dr. Justice A.S. Anand

PROTECTIONISM
Perhaps the most problematic articulation of gender justice in law is the
one that posits the relationship between women and law as one of
protection. Scholars who endorse this approach have reinforced an
essentialist understanding of gender difference, assuming that women
are naturally weaker than men. The protectionist approach accepts the
traditional and patriarchal discourses that construct women as weak,
biologically inferior, modest and incapable of decision-making. Some
recent examples of law enacted ostensibly for women's benefit include
the imposition of minimum age limits on female workers going abroad
for employment by Bangladesh, India and Nepal.
Feminist jurisprudence criticized protectionist approach because they
want equal treatment and they do not need protection. Why special laws
and not equal laws. Just because we are weak?

PATRIARCHY
In this approach, the focus of gender justice is to challenge the
patriarchal assumptions on which law is based. Laws throughout South
Asia continue to reflect patriarchal oppression and discriminate against
women. These laws, and the judicial interpretations of these laws, are
connected to the patriarchal social relations in which women have been
oppressed.

Women were considered as victims. They always consider men as

perpetuator of crime and she is victim. In ancient time women
considered as victims of the crime committed by men. Eg Dowry
prohibition act, though dowry is ancient concept it was there in western
countries. Eg Russia, if a girl marries then she has to bring money and
utensils as dowry and if parents are dead then the girl has to sell the
property and get her share money and then marry.
Feminist jurisprudence considers that the laws in the legal system are
patriarchal, biased towards men. Laws causes injustice and inequality
because,

• Law makers are always men

• Judges delivering judgment are generally men.

For eg: The grave mistake committed in delivering judgment in
Tukaram’s case popularly known as Mathura’s case the whole
incident was judged from a male view point.
In Jammu and Kashmir if a girl marries with boy outside the state she
has no right to property, but it is not so in case of boys. Therefore though
there are laws they are patriarchal.

INDIAN CONSTITUTION AND FEMINIST JURISPRUDENCE:

The constitution declares that the equality before the law and the equal
protection of laws shall be available for all . Similarly, there shall be no
discrimination against any citizen on the ground of sex .

 Article 15(1) guarantees equalities of opportunities for all citizens

in matters of employment.
 Article 15(3) provides that the state can make any special
provisions for women and children.
 Besides, directive principle of state policy which concern women
directly and have a special bearing on their status directly and have
a special bearing on their status include
 Article 39(a) right to an adequate means of livelihood; (d) equal
pay for equal wok both men and women, (e) protection of health
and strength of workers –men, women, children.
 Article 42 provides for just and humane conditions of work and
maternity relief.

It is really important to note that though the Constitution of India is

working since more than fifty-seven years – the raising of the status of
women to one of equality, freedom and dignity is still a question mark.

By Part III, IV AND IVA there is clear bridge made between

constitution and feminist jurisprudence.

1. PREAMBLE: Provides for equality, justice and liberty to all.

There shall not be any gender discrimination.
2. ARTICLE 14: Equality before law and equal protection of law. Eg
whenever a women approaches any law enforcement officer or
judicial courts, then she should receive the same protection as any
other person. Therefore there cannot be any discrimination on the
basis on gender injustice. Hence equal protection to everyone
irrespective of gender.

IN,

AIR INDIA

NARGESH MIRZA

HELD: Nargesh Mirza challenged the termination rules of the

petitioner company which provides for termination of service of
lady airhostess on her first pregnancy as voilative of Art 14.

Supreme court held that termination of service on first pregnancy

is voilative of Article 14 as it tends to violate the natural
fundamental right to become mother and feminist jurisprudence.

IN,

Crime - Sexual offences - Rape - Husband and wife living apart -

Husband attempting sexual intercourse with wife against her will -
Whether husband immune from charge of attempted rape - Sexual
Offences (Amendment) Act 1976. The defendant married his wife
in 1984. As a result of matrimonial difficulties the wife left the
matrimonial home in 1989 and returned to live with her parents,
informing the defendant of her intention to petition for divorce.
The defendant also communicated to the wife his intention to "see
about a divorce." While the wife was staying at her parents' house,
the defendant forced his way in and attempted to have sexual
intercourse with her, in the course of which attempt he assaulted
her. He was charged on indictment with rape and assault
occasioning actual bodily harm. House of Lords held that, A
husband could be convicted of the rape or attempted rape of his
wife where she had withdrawn her consent to sexual intercourse;
House of Lord evolved of the concept of marital rape based on
autonomy. The free will of the individual was considered
autonomous she being a free individual has a separate entity.

IN,

KHATOONISA

v.

STATE OF UP

Mere talaq declared unconstitutional and voilative of Article 14

and 21. Allahabad high court held that principle of natural justice
were voilative. Later the decision of Allahabad High court was
appealed in Supreme Court, it reversed the High court decision.
Supreme court said that, “it is unnecessary interference in the
matter of religion.”

It is against the free will and choice of muslim women. Muslim

women is living under the pressure, fear of triple talaq which is
voilative to Article 21 i.e. right to life and personal liberty.

ARTICLE 15: There shall be no discrimination on ground of race,

caste, sex, religion etc. There should be equality in similar
circumstances and be available to each and every woman. Thus
equality is to be maintained.

ARTICLE 15(3): Under this article the state is empowered to

make law in respect of women and children.
 ARTICLE 19: Civil rights are essential and necessary for the
development of each human being in a democratic state. This
freedom under article 19 is important one.

But still there is sexual harassment at workplace due to which this right
is violated, the women are forced to change their job due to sexual
harassment.

IN,
Vishaka
v.
State of Rajasthan
A woman was brutally gang raped in the village of Rajasthan. In the
absence of any law to prevent women from sexual harassment at
workplace Supreme court took aid of CEDAW and laid guidelines to
prevent women from sexual harassment at workplace and the state was
directed to enact law and guidelines to be in effect till specific law
enacted by legislature.

CHANGING SCENARIO

In Mexico, where first conference on women equality was held Mrs.

Indira Gandhi participated. It was an inspiring movement towards
gender justice. There was global discussion of this issue and found
that there is no equality.

In India illiteracy is a big problem so there is need for movement at

grassroot level to completely eradicate social inequalities and bring
collective justice and eradicate injustice on women.
 CRITICISM: Feminism has attracted attention due to the social
changes it has effected in Western society. While feminism (in some
forms and to varying degrees) is generally accepted, dissenting
voices do exist.

Some critics (both male and female) find that some feminists are
effectively preaching hate against males or claiming male inferiority,
citing that if the words "male" and "female" were replaced by "black"
and "white" respectively in some feminist writings, the texts could be
viewed as racist propaganda. While some feminists generally
disagree with the view that men are equally oppressed under
patriarchy, other feminists, especiallythird-wave feminists agree that
men are similarly oppressed and that gender equality means
oppression of neither gender.

Many people object to the feminist movement as trying to destroy

traditional gender roles. They say that men and women have many
natural differences and that everyone benefits from recognizing those
differences.
CONCLUSION: Among the social and cultural revolutions of the 20th
century feminism was the greatest decisive revolution of modernity.
Feminism is a movement which demands for emancipation, equality and
liberation of women and stress on socio transformation of law, culture
and social pattern which release women’s potential.
Feminist jurisprudence is stronger in North America and Australia than
in Britian.