Feminist Approach : A Jurisprudential Trend


It is well known to everyone that law is a dynamic concept keeps on changing with the changes occurring in the society.

There are lots of development and changes in social, economic and political relations and advancement in various fields of knowledge which have their impact on law.

Law, therefore, needs constant and proper examination and re-interpretation thereby adding new dimensions and theories to the existing old legal theories and jurisprudential thought.

Read: Article 21 : An Expansive Interpretation


The social and cultural developments of the modern era have led to the emergence of feminist legal concern for law which has gained considerable importance in recent years.

The supporters and advocate of feminist theory argue that gender inequality and ingenuity is having negative adverse effect on the societical goods as it deprives women from participating in the various fields like social, economical, political and cultural activities and thereby having adverse impact on the society as whole.

Birth of feminism has assumed the form of crusade against all gender inequality, discrimination on the basis of sex, unequal treatment of women at employment, etc.

It seeks to prevent oppression and exploitation against women in society, workplace and it also protects women within the family through the instrument of law and to bring in the mindset of men towards women that women are also a human being and they must be given recognition and respect in social, cultural, economical, political fields.

Read: What Are The Contents Of Jurisprudence

They must be seen as a human being having the same rights and duties as men have in any particular form of work.

They should not be looked as weak and misery full human beings as today the society is changing very fast and in every field women are achieving great heights.

But despite adequate provisions under various law, they have been discriminated on the ground of sex for centuries.


“feminism is an attempt to understand women’s subordination as a coherent and systematic way that integrates class and sex, as well as other aspects of insanity such as race, ethnicity or sexual orientation, with the aim of using this analysis to help liberate woman.”


India being a party to United Nations Conventions and treaties is committed to make all possible efforts to remove discrimination against women of any form and to offer them opportunities in sharing equal power with the men and to ensure them their empowerment.

Since independence efforts are being made towards removing the discrimination against women and to ensure them equal status with men.

Read: Right Against Exploitation Under The Constitution Of India

The Constitution of India envisages a just society with equal opportunities for all without any discrimination based on gender and to ensure justice, social, economic and political for everyone.

Some provisions of the constitution which seek to implement  the aim of gender just society and equality are as follows:

  • Article 14 – Right to equality before law and equal protection of law.
  • Article 15 (1)- prohibition of discrimination on the ground of sex .
  • Article 15(3)- state can make special provisions for promoting and safeguarding the interest of women and children.
  • Article 16 – affirmative action or reservation for women.
  • Reservation of seats for women in Panchayats and local bodies and municipalities.
  • Article 42 – just and human conditions of work and maternity benefit for women.
  • Article 43- state to endeavour to ensure living wages etc.for workers including women.
  • Article 39 (d)- equal pay for equal work for both men and women.
  • Article 51-A(e) – it is one of the fundamental duty of every citizen of India to denounce all practices which are derogatory to the dignity of women.

National Commission for women

The National Commission for women provides protection to women against atrocities and also arranges counseling for women to solve their problems.

It also arranges workshops to generate gender consciousness among the public agencies such as the police, prison and medical staff etc. to eliminate all ill-treatment, exploitation or oppression of women in their custody.

The commission extends active support to scheme like BETI BACHAO, BETI PADHAO(Protect girl child, educate girl child); anti-dowry programmes, protection of women against domestic violence and sexual harassment of women at workplace etc.


Thus, feminism is all about seeking of equal rights irrespective of gender.

It means the advocacy of women’s rights on the ground of  the equality of sexes.

Read: Judicial Review Under Indian Constitution


Content Writer, Law Corner, B.A.LL.B(Hons), 5th Semester, Unity Law and PG college

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