Description

Women Rights, Law and Justice
Editor: Prof. Dr. Yogesh Kumar Gupta
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-2-0, 2026

Chapter 25

Reinterpreting Equality: Feminist Jurisprudence And The Role Of The Indian Judiciary In Advancing Gender Justice

Dolly Hirawat, Manu Gulati and Subhana Ghaffar Ansari
Bharatiya Vidyapeeth Institute of Management and Research (Law Campus), New Delhi

Abstract

This research paper offers a critically examines the development and influence of feminist jurisprudence in transforming gender justice within the Indian legal system. Feminist jurisprudence evaluates the conventional patriarchal structure of law and comments a gender sensitive interpretation of legal principles. By using the methods of doctrinal and case study approach, this study explores major theoretical contributions of feminist jurisprudence to the works of scholars such as Catharine A. MacKinnon, Martha Finman, and Carol Smart. It further examines the contribution of Indian jurists and judges, particularly Upendra Baxi and Justice V.R. Krishna Iyer, in molding a gender sensitive understanding of constitutional rights. This paper will examine pivotal cases such as Vishaka v. State of Rajasthan, Suchita Srivastava v. Chandigarh Administration, and Shayara Bano v. Union of India, the paper highlights hoe the judiciary has enlarged constitutional principles of equality, dignity and personal liberty under the Constitution of India. This paper will also discuss the prevalent challenges in accomplishing gender justice and highlights the urgency for continued legal reform and institutional responsiveness to women’s rights in India.

Keywords

Feminist jurisprudence, Gender justice, Judicial interpretation, Women’s rights, Constitutional equality.

1. Introduction

“Feminism isn’t about making women stronger. Women are already strong; it’s about changing the way the world perceives that strength.”

– By G.D. Anderson

Feminist jurisprudence showcases a cardinal critical approach within the legal theory that investigates the relationship between law, gender and power. It calls into question the traditional assumption that law is neutral and objective in nature by expostulating that legal systems have historically evolved within patriarchal social structures that give importance to male perspectives and experiences. Feminist legal scholars have highlighted time to time that many legal doctrines, institutions and interpretations have been shaped and moulded by male dominated norms significantly disparaging the lived realities of women. Therefore, feminist jurisprudence quest to uncover gender biases rooted within legal frameworks and advocates for recontextualization of legal principles that nurtures equality, dignity, justice for women and other marginalized genders.