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Feminist Jurisprudence In Patriarchal Society

Definition of Patriarchal Society

Describes a structure between men & women in which men hold power over women generally. Society is the entirely of relations of a community of caste, creed, culture, religion, sex, the ideology of elders, myths e.t.c. A patriarchal society consists of males, elder males & elder women dominating power among relationships in societies, structured throughout organized well-maintained society and in individual relationships. Earlier as well as of now there is also a hierarchy among older men who had power over the younger generation of men. In modern patriarchal society.

Patriarchy

Patriarchy means men dominated the other men through possession, power, older members in the society to dominate the younger males by their rituals & cultures followed by them. Some men hold more power (and privilege) by virtue of the position of authority and which they dominate this hierarchy of powers is considerable, acceptable & maintainable by society. Social structures and the individuals within them create and reproduce inequalities linked to sex, race, class, religion, ethnicity, and other differences.

Individuals living in the today’s world are encouraged to believe that (only) white men are fully human beings; and because (only) white men are a fully human being, society is organized around their needs, the reality is seen from their perspectives only, their attributes are seen as most valuable and productive, and they (naturally) dominate politics and culture in the society. patriarchy is such a system in society & government both thinks the men hold the power & run it wisely where they exclude women but due to the equality in law they were slightly backward in there thinking but it is followed as well as of in today's world to not bring women's on a workplace because they think it is not the place where women's belongs to. Many Sociologists focus on the social stratification of groups." Sociological perspectives on the social structures and forces causing group-based inequalities can help us understand how the legal procedure will work on society.

Feminist Jurisprudence on Patriarchy

Feminist theories have expanded the definition of a patriarchal society to describe a systematic bias against women and female leaders in society. they were, also of course, concerned whether that was uncommon in society. More significant, however, the way society perceived women in power as an exception to a collectively held view of women’s role in society. feminist jurisprudence law based on economic, political & social equality of sexes.

Rather than saying that individual men oppressed women, most feminists saw that oppressed women came from the underlying bias of a patriarchal society, Every feminist thinks & believes that history was written by the male's ideology & their point of view, there is no involvement of women’s role in making history & structuring the society.

Patriarchy encourages men to seek security, status, and other rewards through control to fear other men's ability to control and harm them and to identify being in control as both their best defense against loss and humiliation and the surest route to what they need and desire for it. In this sense, although they usually think of patriarchy in terms of women and men, it is more about what goes on among men’s thinking in a society.
The oppression of women is certainly an important part of the patriarchal form of the system, but, paradoxically, it may not be the point of patriarchy. All Feminists are highly critical of how the various instruments of patriarchy impact adversely upon women.

For example, feminists claim that marriage works in favor of the husband because he gains an unpaid servant to take care of both his conjugal needs and the upkeep of the home.

The exploitation of women within a marriage reflects deeper structural inequalities within a male-dominated society. All feminists share the belief that "women are oppressed or disadvantaged in comparison with men and that their oppression is in some way illegitimate or unjustified. The intellectual guiding force behind the current women’s movement is feminism which produced special knowledge in every field such as feminist sociology, feminist philosophy, feminist history, including feminist jurisprudence.

Feminist jurisprudence is a natural extension namely law and justice. Law-related strategies have played an important role in the campaigns of women’s organizations to achieve greater equality and social justice. The feminist belief that law in constructing, maintaining, reinforcing, communicating and perpetuating patriarchy and it looks at ways in which this patriarchy can be undermined and ultimately eliminated.

The feminist inquiry into law concentrates on the following issues:

  1. Examination of legal concepts, rules, doctrines, and processes with reference to women’s experiences.
  2. Examination of the underlying assumptions of law based in male-female and ostensibly gender-neutral distinctions.
  3. Examination of mismatch, distortion or denial created by the difference between women’s life experience and the laws assumption or imposed structures.
  4. Patriarchal interest served by the mismatch.
  5. Reforms to be made in the law to eliminate patriarchal influences.
     
Feminism into four schools, namely, liberal, radical, cultural and postmodern and the early theme and pursuit of feminists about the law was equality. feminist jurisprudence is the study of the construction and workings of the law from perspectives that foreground the implications of the law for women and women's lives.

This study includes law as a theoretical enterprise as well as its practical and concrete effects on women's lives. Further, it includes law as an academic discipline, and thus incorporates concerns regarding pedagogy and the influence of teachers.

Conclusion:
My research over the feminist jurisprudence in a patriarchal society is being amazing & I am learned many things about the male dominating society over females. As we reach the turn of the century, feminism seems to be at an impasse. Young women agree that women should receive equal pay and equal treatment as workers, but many insist that they are not feminists. I outline a variation on cultural feminism I call "relational feminism." This approach offers benefits to all members of society, not just women only. Human beings, whether men, women, or children, do not flourish when hyper-masculinity is glorified and traditionally feminine qualities (such as care, caretaking, and valuing relationships) are denigrated.

Not all human beings flourish when all males are pressured to adopt hypermasculine attributes and repress feminine ones, and all females are pressured to adopt traditionally feminine attributes and repress masculine ones. Relational feminism has the potential to improve life for many people, not just women.

Case Laws
some of the cases which leads to drastic changes in ideologies of jurists, society upon feminist jurisprudence:
  1. Vishaka Vs State of Rajasthan

    Bhanwari Devi, a social worker from Rajasthan, was brutally gang-raped by five men for preventing child marriage. Determined to seek justice, she decided to go to court. In a shocking decision, the trial court acquitted all five accused. Vishaka, a Group for Women’s Education and Research, took up the cause of Bhanwari Devi. It joined forces with four other women’s organizations and filed a petition before the Supreme Court of India on the issue of sexual harassment at the workplace. On August 13, 1997, the Supreme Court commissioned the Vishaka guidelines that defined sexual harassment and put the onus on the employers to provide a safe working environment for women.
     
  2. Lata Singh Vs State of Uttar Pradesh

    Lata Singh was an adult when she left her family home to be joined in matrimony with a man from a lower caste. Her brothers, who were unhappy with the alliance, filed a missing person report, and alleged Lata had been abducted. This resulted in the arrest of three people from her husband's family. In order to get the charges dropped, Lata Singh filed a petition which resulted in the landmark judgment by the Supreme Court that allowed an adult woman the right to marry or live with anyone of her choice. The court further ordered that the police initiate criminal action against people who commit violence.
     
  3. Laxmi Vs Union Of India In 2006

    Laxmi, an acid attack victim, filed a petition seeking measures to regulate the sale of acid and provide adequate compensation to the victim. Taking cognizance of the number of cases relating to acid attacks against women on the rise, the Supreme Court imposed stringent regulations on the sale of acid in 2013. The ruling banned over the counter sale of acid. Dealers can sell the acid only if the buyer provides a valid identity proof and states the need for the purchase. It is mandatory for the dealer to submit the details of the sale within three days to the police. It also made it illegal to sell acid to a person below 18 years.
     
  4. Centre for Enquiry into Health and Allied Themes (CEHAT) Vs Union of India

    With the advent of pre-natal diagnostic techniques that could determine the sex of a fetus, the growing trend of aborting female fetuses was observed. In a bid to curtail female feticide, the government of India issued the PNDT Act in 1996. The provisions of the PNDT Act, however, were not being effectively implemented by the state and central government. The Centre for Enquiry into Health and Allied themes filed a petition which led to the Supreme court directed the Central and State governments to enact the provisions of the act immediately and banned all advertisements relating to pre-natal sex determination schemes.

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