Open Access Research Article
IMPACT OF GENDER JUSTICE MOVEMENTS AND THE EMERGENCE OF FEMINIST JURISPRUDENCE (By-Vidisha Rana)
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Article Details
"IMPACT
OF GENDER JUSTICE MOVEMENTS AND THE EMERGENCE OF FEMINIST JURISPRUDENCE"
Authored
By-Vidisha Rana
B.A.Llb
Presidency
University
CONTENTS
"Impact
Of Gender Justice Movements And The Emergence Of Feminist Jurisprudence"
Authored By-Vidisha Rana
Abstract
Feminism is a set of movement seeking
gender equality, a movement to change social, political and economic rights
such as equal wage and the right to access to health and education, and equal
political rights. Feminist Movement was basically a movement seeking gender
equality, a movement to change social, political and economic rights. Feminist
Jurisprudence includes the study of different strands of feminist theory and
the themes that have emerged and developed within feminist thought, as well as
the application of theory to issues that interest members of class. It is the
law’s neutrality as the very mechanism that perpetuates injustices against
woman Feminists embrace a view that attempts to challenge the existing legal
status by focusing on what kind of institutions and laws would be necessary to
redress the imbalance against woman in society. It is the very core of our
society that the feminist jurists question. They argue that we must look at the
norms embedded in our legal system and rethink the law.
Introduction
Feminist Movement was basically a
movement seeking gender equality, a movement to change social, political and
economic rights. During ultra-modern era people started feeling the
discrimination happening between male and female. It was then only when women
started raising question upon this. Previously, they were being supressed by
male dominant society and women were not questioning. But it was gender
justice movement when women started asking questions for their rights
for the unequal treatment which they were facing. They started it by mentioning
it in public platforms like in newspapers because they felt that they were
being treated as the second class in the society. Gradually this idea started
growing. It grew to such an extent that people who believed that women are
actually being supressed started gaining popularity, and people who denied this
fact were seen as the one supressing them. During this movement women started
to ask for their basic rights because they were treated unequally everywhere be
it for job perspective or be it strength wise. Therefore, it was the time when
women started to show their potential. Every now and then we see people
supressing women. In our society people are seen as a delicate figure that can
just do household work only. At many places even people do not prefer to
educate women thinking that it will spoil them. But every now and then women
have shown their potential and their strength that they are no less than anyone
and can do anything and everything.
Femenist Jurisprudence
Feminist Jurisprudence includes the
study of different strands of feminist theory and the themes that have emerged
and developed within feminist thought, as well as the application of theory to
issues that interest members of class.[1]
Feminist jurisprudence started
because of gender justice movement. This movement said that they are not trying
to separate men and women but are trying to focus on the grey area which is
left behind since a long time and which needs to be considered and focussed
upon. Women are not given the status and privilege which they actually deserve,
so it is the duty of the society to give those things now. Women are being
supressed since a very long time. Women were previously not allowed to even
vote. People considered that women should not get education. Women were not
given their basic rights. Even though we can say that now women are given
more importance and opportunities
than before but still it cannot be justified. Yes, I believe that society has
changed a lot from what it was before but still even after so many years
condition of women are not what it should have been.
When we talk about what has changed,
there are few instances. Like females are getting more seats in parliament now
when compared to last many years, and this is all because of gender justice
movement. Also, when we look into the word “batsman” in cricket world it is
recently replaced by word “batter” so that to include both the gender without
any discrimination. Also, the word “chairman” is now replaced with
“chairperson”. And again the reason is same that is to show equality.
Now going towards the darker side,
when we say the word “president”, everyone’s imagination would definitely show
a male figure. This is nothing but how our society has been since last 100s of
years. Now, talking about something very basic. Each and every book which we
study, while reading an example from there, we find it is always written in a
way it is pointing or representing a male. To quote an example I would take an
instance from our law book itself
B induces or attempts to induce a
candidate or voter to believe that he or any person in whom he is
interested will become or will be rendered an object of Divine displeasure or
of spiritual censure, shall be deemed to interfere with the free exercise of
the electoral right of such candidate or voter, within the meaning of
sub-section (1). [2]
Now, this extract id from a statute and we can see that it is nowhere
mentioning feminine gender. Like these in every book, be it a statute or any
story book or course book the condition is same. These are few things which are
same even today. A man cannot cry in front of anyone or they will be given a
template of being girlish. Because society has very long ago accepted that
girls cry for every small things and boys never cry. And this thinking and
mentality is being carried from there to here today.
Schools Of Feminist Jurisprudence
1.
LIBERAL FEMINISTS:
Liberal feminists say that justice
should be given to all the genders and not specifically to any one gender. This school promotes freedom of individual, freedom
from aged old belief of male authority and seeks to erase gender based
distinction.[3]
They said that in order to uplift women,
men’s right should
not be hampered.
Betty Freidan and
Colonia Steinam are few scholars from here.
2.
CULTURAL FEMINISTS:
Cultural feminists are close to
liberal feminists. They say that women should be given all the rights which men
have. Women should ask for their rights from everywhere but it should be based
on culture. Only where such rights are
needed then only it should be asked and not merely from here and there.
Carol Gilligam is a scholar from
here.
3.
RADICAL FEMINIST:
This
school is similar to the cultural feminism on some lines, they also stand
against the inequality faced by women, they believe in abandoning the
traditional practices which were made from a male’s point of view and consider
men to be superior. [4]
They
basically want to say that whatever happened to females in past 1000 years, men
should suffer that for at least next 5000 years. They say that as males have
been dominant in previous years, so now it’s time when females should be
dominant. They even asked to invent a machine which can make babies because
they said why women should always suffer the burden the labour of child. If men
can’t have babies make machines which can.
This
school was the school which has criticised the most.
Christine
Littleton and Catherine Mackkinon are few scholars of this school.
4.
POST MODERN FEMINIST:
They were of very modern approach.
They said women should be taught. They say that whatever has happened has
happened; now we should focus upon the improvement of females in every field.
They also said that works should not be segregated based upon gender but any
work should be done by anyone. Like cooking should not be just the work of
women but it
should be something which should be
done by any gender. They challenged all these.
Simon Beauvoir is a scholar from this
school.
5.
BLACK FEMINIST:
They basically talked about
discrimination based upon colour. They say that no matter which gender you
belong to, you will be taken as 2nd class if you are black. They
even said that white women get more status and considered more important than a
black male.
6.
LESBIAN FEMINIST:
In the wake of gender justice
movement people started accepting 3rd gender. They said that they
are born like that so we are no one to separate them. We need to accept them as
they are. They should also be given all the rights which the other genders
have.
7.
MARXIST FEMINIST:
Though it seems by the name that Marx
would be involved in it, but it’s nothing like that. It has no relation with
Karl Marx. It just compares the situation of males and females with proletariat
and bourgeoisie. It says that females have always been treated as a proletariat
and men have always been treated as bourgeoisie. And this can be balanced if we
turn this situation upside down. By doing this we can balance the situation of
both the genders. In the same way in which Marx has told to turn it upside down
to make the situation better for everyone.
8.
ISLAMIC FEMINIST:
In Islamic countries women are
supressed even more. And it is believed that it is happening because the people
are not reading the Islamic religious books correctly. If reading then not
interpreting it properly. So, in order to do so they will have to read and
understand that even in religious books it has been mentioned that women are no
less than men.
Amina Wadud (from USA) and Zakia
Soman (from India) are scholars from this school.
So, these are few kinds of feminists which exist in the
basis of differentiations as mentioned above. Based on these we categorize how
one is different from another. It is indeed important to note that even after
the movement started before so long time, it has failed to reach the height
which it could have actually reached. The reason could be the women
discriminating women themselves and stopping the one supporting the movement.
Since, this situation has existed for such a long time that it has made
difficult for people to change themselves and look at women as an independent
individual.
Femenism In India
The
history of feminism in India can be divided into three phases: the first phase,
beginning in the mid-19th century, initiated when reformists began to speak in
favour of women rights by making reforms in education, customs involving
women, the second phase, from 1915 to Indian independence, when Gandhi
incorporated women's movements into the Quit India movement and independent
women's organisations began to emerge, and finally, the third phase,
post-independence, which has focused on fair treatment of women at home after
marriage, in the work force, and right to political parity
Despite
the progress made by Indian feminist movements, women living in modern India
still face many issues of discrimination. India's patriarchal culture has made
the process of gaining land-ownership rights and access to education
challenging. In the past two decades, there has also emerged a trend
of sex-selective abortion. To Indian
feminists, these are seen as injustices worth struggling against and feminism
is often misunderstood by Indians as female domination rather than equality.
In
India we know how the situation was back then. To speak about, even today in
rural areas the situation is no different. Girls and women are still facing the
same situation. They are trying hard for their freedom, and slowly and
gradually changes can be sensed.
There
had been many great Indian feminists who has worked hard to achieve what we can
see the situation today. Ramabai Ranade
(1863-1924) was one of the first women's
rights activists in India, and the founder of Seva Sadan in Mumbai and Pune -
an institution that trained thousands of women in various skills. She dedicated
her life to making women self-reliant and financially independent. As a child,
Ramabai Ranade was not allowed to study, and was married off at the age of 11.
Fortunately though, her husband encouraged her to complete her education and
learn about the wider world. She contributed to many communities that worked
towards women's welfare throughout her life.[5]
Savitribai Phule (1831-1897) was a Dalit woman and a pioneer of feminism in India. She
was also the country’s first female teacher who went on to set up 17 more
schools that imparted education to women of all castes. She worked alongside
her husband and other women, to abolish caste and gender discrimination. She
also set up the 'Balhatya Pratibandhak Griha' to
prevent female infanticide, and campaigned against the
killing of widows and pregnant rape victims. Savitribai Phule is highly revered
by advocates of the feminist movement in India today[6]
Critical Analysis
After researching we can are now in a position to compare
the situation from what it was before and what is the condition now. Previously
the society was patriarchal. People were very narrow minded especially when it
came to women and girls. There were mere any stance when people used to send
their daughter to school and we cannot even think or imagine about college.
There was a thinking which got stuck in the heads of the people that educating
girls will make them a bad person and they will start comparing themselves with
men. People not only used to do but believed that women are born to do
household works, cook food, feed family and have children and nothing else.
They believed that if women go out from the house people will talk bad about
the family. Women were even not allowed to talk to other men. And there are
many instances where if girls found taking to boys they were just told be spend
their life in four corners of the house until they are married. So, basically
we can see that previously the life of girls and women were not belonging to
then but to everyone except them. They had done each and everything keeping in
mind about others and never about themselves. And even 1 out of 100 parents
tried sending their daughters to educate them; there were five hundred people
to pull them down. Because there are exceptions and those exceptional parents
then tried to push their daughter, their wives to go out and most specifically
told them to do something for them. But when they tried there were people of
question them and tell them that they are girls and girls are supposed
to do household works so better to do the same and take care of the family. So,
we can see how supressing the society was when it came to women. Be it women of
India or any other country, the condition was the same as we saw above. Thanks
to gender justice movement which gave rise to feminist movement. Before this
movement we never or rarely heard about any feminist scholar. But after this
movement came it pushed women to explore themselves. No doubt that there were
people to supress them even then. But the difference was not people supporting
women increased. People started supporting women. People
started giving wings to girls. Number of girls going to school increased.
Companies started gaining women employees. Women started earning for their
families. Women started to brush up their skills. And not only this, women
started to flourish more than men could. We see now how rapidly the number of
girls is increasing in each and every sector. Even parliament has increased the
number of seats for women. And by no surprise women are doing great in sports
as well. Because women were just behind in getting opportunities which they
got. And see how well they are doing and performing.
Conclusion
After knowing so many things about
gender justice movements and of feminist jurisprudence and the schools of
jurisprudence that even though the society has gained knowledge about equality
based to gender to some extent, but still the target is not achieved. Where
some section of society accepts these points, there are ten more sections to
oppose it. Howmuchever women try to do things to show their capabilities, there
are people to question them and their authority. There are several parts were
the importance of women are recognized and given that status which they
actually deserved like voting rights, seats in parliament, opportunities in
sports areas etc. But in rural areas the
work of women are still starting from washing dishes to cooking food. They are
not given opportunities to prove themselves. And the worst part is we can see
women discrimination women. That is nothing but patriarchy. We need much more
awareness in our society so that people can understand the importance of women,
their will power, their capabilities, their strength and what not. Because
women are someone who can do whatever one could imagine. They are capable of
doing everything which one can think of. Because it will be some fool who will
doubt on someone who is carrying a baby in their womb for whole nine months
that too by carrying their whole household together.
Article Information
IMPACT OF GENDER JUSTICE MOVEMENTS AND THE EMERGENCE OF FEMINIST JURISPRUDENCE (By-Vidisha Rana)
Authors: Vidisha Rana
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/07/15
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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