Feminist Jurisprudence is a school of legal thought that examines the intersection of law and gender, emphasizing how legal systems have historically marginalized women and perpetuated patriarchal structures. It emerged in the 1970s, inspired by the broader feminist movement, and challenges the neutrality and objectivity claimed by traditional legal systems.
At its core, feminist jurisprudence seeks to uncover gender biases embedded in laws, legal interpretation, and judicial decision-making. It critiques the male-centric foundations of law and argues for legal reforms that reflect the lived experiences of women and other marginalized groups.
There are various strands within feminist legal theory:
- Liberal Feminism argues for equal treatment within the existing legal structure and advocates reforms like anti-discrimination laws.
- Radical Feminism critiques the very foundations of legal systems as inherently patriarchal and calls for fundamental restructuring.
- Cultural Feminism emphasizes the value of traditionally “feminine” traits such as empathy and care, advocating that these should shape legal systems.
- Postmodern Feminism deconstructs legal categories and identities, arguing that gender is fluid and socially constructed.
Feminist jurisprudence also engages with intersectionality — recognizing that gender discrimination often intersects with race, class, caste, sexuality, and other social identities. In India, this has led to critical analysis of laws on dowry, sexual violence, inheritance rights, and workplace harassment, among others.
The evolution of this jurisprudence can be seen in landmark judgments such as Vishaka v. State of Rajasthan (guidelines on sexual harassment at the workplace) and Joseph Shine v. Union of India (decriminalizing adultery), where the judiciary acknowledged the importance of gender equality and autonomy.
Today, with platforms like Lawfer.in, students and young professionals can explore emerging feminist legal thought through events, blogs, and opportunities. For regular news updates on women’s rights cases and legal activism, LegallyPresent.in serves as a reliable source.
In conclusion, feminist jurisprudence continues to evolve as a transformative force in reimagining justice — not just as a legal principle, but as a lived reality rooted in equality and dignity.