FEMINIST JURISPRUDENCE


ANNEXURE - I
FEMINIST JURISPRUDENCE AT LLB LEVEL

I - INTRODUCTION
  1. What is feminism?
    Need for feminist jurisprudence
  2. Construction of 'person' is law
  3. Construction of patriarchy
    • Male dominance
    • Paternalism
    • Discrimination
    • Stereo types
    • Division of labour
    • Criticism of natural law and positivism
II - FEMINIST THEORIES AND THEIR CRITIQUE
  1. Liberal Feminism
    • what is liberalism, liberal feminism and the concepts flowing from it - for e.g. equality. State and Rule of law, Rights, liberty, public & private divide.
    • Relation to the Indian constitution and different laws.
    • Critique of liberalism and liberal feminism
    • Substantive equality
    • Sameness and difference debate

  2. Marxist Feminism
    • Engels thesis on the origin of family, property and state
    • Causal linkage between women's oppression class society
    • How women's oppression assists capitalism
    • It relieves capital of "costs" of reproduction of labour power, since women perform tasks like children rearing, cooking, care of aged and sick without wages.
    • Work at home by women frees male workers for longer hours and enables capitalist to generate surplus value.
    • Women emerge as consumption specialists to be exploited by capitalist growth.
    • Women also provide a surplus labour market which is exploited for law wages.
    • Marxist strategies for overcoming women's oppression.
    • A general transformation of mode of production from capitalism to socialism will end most problems of women's oppression.
    • Specific steps Unionization and organization of all working women.
    • Equality in employment at work site.
    • Linkages to family law - unremunerative work leads to maintenances.
    • Linkages to labour law - traditional unionization has never taken place and this results in radical Feminism.
    • Critique

  3. Radical Feminism
    • Patriarchy is perceived as a total male control over female bodies - right over body, sexuality, reproductive rights.
    • Criticism of Public Private divide 'personal is political'
    • Critique of state and law as being based on legitimizing and reinforcing patriarchal domination.
    • Violence against women
      1. Family domestic violence, marital rape, abortion.
      2. State - custodial rape and murder, forced sterilization
      3. Society - sexual harassment, rape, female feticide, sex determination, amniocetitesis.
      4. Market - Indecent Representation, Immoral trafficking, Obscenity, pornography.
    • Critique of Radical Feminism
      1. A historical
      2. Constitutes women as a class, ignoring, Caste race, religion, ethnicity, culture, heterogeneity.
      3. Biological Essentialism
      4. Confrontational Approach and anti-men
      5. Unidimensional Approach

  4. Socialist Feminism
    • Marxist conception of state
    • Marxist conception of "labour" does not include procreative labours hence class struggle does not included on agenda of women's emancipation from patriarchy.
    • Difficulties in Marxian theory in conceptualizing women as a "class"
    • Struggle to control productive resources of a Society have always included a struggle to control the reproductive capacity of women.
    • Organisation of procreation forms, therefore, a part of the economic foundation of society.
    • Therefore, the public/private distinction overlooks the mutual interdependence of sexuality, politics and economy.
    • Strategies for transformation.
    • How internationalized repression of women should be eliminated.
    • State and Law should recognize the full value of procreational and household labour.
    • Struggle against de-professionalisation and proletarinization women's work.
    • Forging political unity among oppressed groups
    • Demand for participatory democracy.
    • Setting up cr�ches, maternity - paternity leaves.
    • Critique

  5. Feminism in Indian Context
    • Establishing interconnection between class and gender
    • Law reforms, reservation, Affirmative action
    • Dalit Feminist Consciousness
    • Ecofeminism
    • Subaltern

  6. Some contemporary debates on feminism
    • Gender, trade and globalization e.g. WTO, sex tourism, violence against women, trafficking. (Use of case laws and convention)
    • CEDAW
    • Post colonial debates and post modern debates

     

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