Gender Justice in India: A Feminist Jurisprudential Perspective

Abstract

A perusal of the criminal laws and personal laws reveal that laws adopt a protectionist and paternalistic approach for empowering and providing autonomy to women. This paper initiates a discussion on issues at the core of gender justice. It questions the man-woman dichotomy and asserts that if men and women are fundamentally different as categories, then a single yardstick for measuring justice is wrong. And, if they are not class wise different, and evince only personal traits, then the whole idea of gender justice based on the dichotomy is flawed. This paper further argues that social conditioning restricts the possibility of autonomous decisions. In conclusion, it is argued that laws need to create just social conditions and institutions that guarantee freedom from socially imposed disabilities, and subsequently, strengthen autonomy in decision making.