FEMINIST LEGAL THEORY WITH SPECIAL REFERNCE TO INDIAN PERSPECTIVE

Abstract

Feminist legal theory, also referred to as feminist jurisprudence, is rooted in the belief that the law has historically played a significant role in the subordination of women. Feminists assert that traditional laws and practices, which have been shaped predominantly from a male perspective, fail to adequately represent the viewpoint of women and acknowledge their historical contributions. This paper aims to explore feminist jurisprudence from an Indian perspective, delving into the history of the feminist movement in India and its transformative journey. Feminist jurisprudence challenges the notion that law constructs, maintains, reinforces, and perpetuates patriarchy. The ultimate aim of the feminists is to pull apart patriarchy by questioning the present societal principles and establishments. They believe that by eliminating patriarchy, everyone will be liberated from an unjust society. Feminist jurisprudence requires examining its connections with other disciplines, as it cannot be viewed in isolation. This paper seeks to commemorate the significant milestones achieved through the influence of feminist jurisprudence, both globally and in India, while also exploring the extent to which society has embraced these changes. It traces the evolution of feminism in India from 1915 to the present, analyzing the changing ideas and roles of women within society. The paper also addresses the various obstacles encountered by feminist jurisprudence and the growth of feminism through statutes and judicial interpretation. Additionally, it highlights the impact of post-independence efforts and sheds light on the progress made thus far.