Gender Justice and Feminist Jurisprudence

Kannur University · LL.B. Semester 6 · OP 08

Unit I

Women empowerment as a social change · Role of law in empowering women · Feminism and Feminist Jurisprudence · Emergence of feminism and feminist jurisprudence · Different theories of feminism and feminist jurisprudence · Distinction between "sex" (nature) and "gender" (culture) · Concept of gender justice · Gender Discrimination · Gender Equality

Unit II

Gender Justice under the Constitution of India · Social justice and gender justice · interrelationship · Article 14, 15 and 16, Article 21 and 23, Directive Principles of State Policy and Fundamental Duties · Reservation under 73rd and 74th Constitutional amendment · Judicial approaches to equality · Formal and Substantive equality · Sameness, Correctionist and Protectionist approaches of Judiciary · Role of Human Rights Commissions, Women's Commissions and judiciary in ensuring Gender Justice

Unit III

Personal Laws and Gender Justice · Marriage and Divorce, Maintenance · guardianship · adoption · Inheritance Right, Uniform Personal Code, Concept of Matrimonial property · emancipation of women · Empowerment of women and Local Self Government

Unit IV

Gender Justice and Criminal law · Protection of women's interest under IPC · relevant offences · Dowry death · Rape · Bigamy · Adultery · Cruelty to married women · Criminal Law Amendment Act 2013 · Special legislations for Women · Prisons Act 1894, Factories Act 1948, Mines Act 1952, Immoral Traffic (Prevention Act) 1956, Dowry Prohibition Act 1961, Maternity Benefit Act 1961, Medical Termination of Pregnancy Act 1971, Equal Remuneration Act 1976, Indecent Representation of Women (Prohibition) Act 1986, Commission of Sati (Prevention) Act 1987, Pre-conception and Prenatal Diagnostics Techniques (Prohibition of Sex Selection) Act 1994, Prevention of Women from Domestic Violence Act 2005, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013

Unit V

Gender Justice under International Conventions and Declarations · Judicial Attitude towards Gender Justice