Law and Judiciary


Feminism and Indian Constitution

Article Number: QZR566920 Volume 01 | Issue 01 | January - 2019 ISSN: UA
08th Sep, 2018
07th Oct, 2018
15th Dec, 2018
15th Jan, 2019

Authors

Prem Pratap Singh Chauhan, Tathagat Sharma

Abstract

Feminism is a term which describes a political or cultural movement that has an objective to establish equivalent legal privileges and security for women. It includes many socio-cultural theories and philosophies that involve the issues of gender discrimination. Feminism is a movement of advocacy that enforces to eliminate gender discrimination from our society. According to some imminent feminist like Rebecca Welker and Maggie Humm, history about feminism which can be categorized into 3 waves. The era of nineteenth and early twentieth century is considered as first wave, and the duration of 1960s to 1970s as second wave. After 1990s to the present, it is last wave. There are various provisions in Indian Constitution that talks about equal rights for women and men. There are numerous cases where the rights of women were given much more preference over any others rights. Certain legal provisions for women have also been passed; the Factories Act, Child Marriage Restrain act, Dowry Prohibition Act, Maternity Benefit Act, Protection of woman from domestic violence Act, Equal Remuneration Act, National Commission for Women Act, Medical Termination of Pregnancy Act, Protection of females in contradiction of sexual harassment at workplace etc. in order to keep right of the women in society. Key Words: Feminism, Women Movements, Rights of Women, Impact, Indian society

Introduction

From the very historic era to the present, in most of the societies, the women agonized subordination and were allocated a morally purposeful role. According to Confucius, the inferiority of women to man was the best principles of administration. Aristotle believed the region of the man over the woman in the organization of the domestic to be ordinary and essential. The Hindu Sage, Manu, judged women to undying burden. Greeks had their women in home as a prisoner and were not permitted to follow their rights. Even under Mohammedan text of theology and Shariat, the women are considered half of the male in status. Saint Tulsi Das in his famous epic Ram Charit Manasa says that if women are liberated they shall become corrupt, it makes people still believes that female have no right to personal liberty.

This concept is contrary to the prevailing concepts of justice which consisted in some sort of equality. Actually the people have wrong perception to the word feminism and also have interpreted it in wrong way. Feminism never means for superiority of women over men, this is what generally the people think. The term feminism actually means for bringing gender equality which means equal legal protection of women as men have. Pre-colonial women’s role and social structures disclose that feminism was conjectured inversely in India in comparison to that of west.

It has been recognized in modern times that the constitutions has a major role in ensuring gender justice in any country. The Indian Constitution is a durable device and alive article through which government able to work along with the gender equality. It makes outline describing the procedures, powers, structure, and duties of government institutes and also initiates fundamental rights, directive principles of state policy and the responsibilities of residents.

References

 DR. S.P. DWIVEDI, JURISPRUDENCE AND LEGAL THEORY, 433-34 (5th ed. 2012)

Ishwara Bhat, Constitutionalism feminism: an overview, (2001) 2 SCC (Jour) 1

Dwijendra Nath Thakur, Feminism and Women Movement in India, Research Journal of Humanities and Social Sciences (2008)

Ibid.

Soumik Saha, Women Empowerment in India: Discussing Liberal Feminism and Legal Interventions, https://www.lawarticles.com/women_empowerement_in_india_Soumik_Saha.htm

Supra note 1

Ankita Chakraborty, Gender Justice Under Indian Constitution, International Journal of Legal Developments and Allied Issues (2012)

Tauffique Ahmad and Anil Kumar Mishra, Legal status and rights of women in Indian Constitution, International Journal of Advanced Education and Research 6.1 (2010)

MAHENDRA PAL SINGH (ED.), V.N. SHUKLA’S CONSTITUTION OF INDIA, 87-88 (12 ED. 2016)

(1997) 6 CSS 241

Supra note 9

Meenakashi Lekhi, Feminism the Indian Constitution, http://www.theweek.in/columns/Meenakashi-Lekhi/feminise-the-indian-constitution.html (April 20, 2017)

Supra note 7

Supra note 8

1981 AIR 1829, 1982 SCR (1) 438

1998 (1) ALD Cri 298.

AIR 1984 SC 1099

1982 AIR 879, 1982 SCR (3) 298

Supra note 7

Supra note 8

(2002) 2 AISLJ 161

How to cite this article?

APA StyleChauhan, P. P. S. and Sharma, T. (2019). Feminism and Indian Constitution. Academic Journal of Law and Judiciary, 1(1), 10-17.
Chicago Style
MLA Style
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