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Feminism: A Jurisprudential View

The process of globalization has direct and indirect effects on theempowerment of women. Globalisation and neoliberalism have had a profound effect on the lives of millions of women. Capitalism itself has created new forms and manifestations of women’s oppression. Women’s oppression is a product of class society which has existed for thousands of years. It was only with the development of capitalism that large numbers of women developed a consciousness of their position and the ability to do something about it. Women’s traditional role as wives and mothers has not disappeared but has been reinvented to fit in with the needs of exploitation. They are now expected to juggle all aspects of their lives and are blamed as individuals for any failings in family or work life Women are not united as a sex but are divided on the basis of class.This objectification, alongside women’s role as supposedly the property of men, leads to domestic violence, rape and sexual abuse. This abuse is under-recognised and under reported.

Every great social movement raises the question of women. In the 19th century the movement for women’s emancipation took its name from the movement to abolish slavery. In the 20thcentury women’s liberation took its name from the movements against colonialism around the world. 21st century women’s liberation has to fight to change the world and to end the class society which created oppression and exploitation in the first place.Independence of India heralded the introduction of laws relating to women. The Constitution provided equality to men and women and also gave special protection to women to realise their interests effectively. Special laws were enacted to prevent indecent representation of women in the media and sexual harassment inworkplaces.

The law also gives women equal rights in the matter of adoption, maternity benefits, equal pay, good working conditions etc.At the international level, the UN Charter, the Universal Declaration of Human Rights and Convention on Elimination of All Forms of Discrimination against Women (CEDAW) sought to guarantee better legal status to women.However, certain contentious issues like the Jammu and Kashmir Permanent Resident (Disqualification) Bill 2004 (which deprived a woman of the status of permanent residency of the State if she married an outsider) and the Supreme Court judgment in Christian Community Welfare Council of India (in an appeal over the Judgment of the High Court, Mumbai). The latter has permitted, under certain circumstances, the arrest of a woman even in the absence of lady police and at any time in the day or night. These instances have once again brought to the forefront the traditional male domination.Innovations in science and technology have removed the disparity between men and women attributed to physical strength alone. Women are able to handle modern appliances which require intelligence and training and not merely physical strength. Thus, India has now several women working as pilots, driving locomotives, buses, tractors and machinery in workshops.Sex as maternal factor in the area of legalrights has practically disappeared. It is not therefore fair to relegate women as a group to an inferior position in society. The Constitution does not regard sex as a permitted classification and prohibits sex as a basis of differential treatment in all areas of legal rights.

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