Gender Justice & Feminist Jurisprudence previous years question paper and solution Devi Ahilya Vishwa Vidyalaya (DAVV) LLB Sem 1

 

1.  What do you mean by gender justice? Discuss the social reform movement in India in this context.

1. Gender justice refers to fair and equitable treatment of individuals of all genders in social, economic, political and legal contexts, ensuring equal rights and opportunities for all persons including men, women, transgenders, LGBTQIA+ community.
   
   social reform, a movement started by Raja Ram Mohan Roy in East India to eradicate child marriage, sati pratha, purdah system, polytheism, and polygamy from the Indian society. The social reform movement in 1820 introduced legislation guidelines for the development of a society free from caste as well as gender inequality
   
   The status of women in Indian society was marginalized and marked by several social evils and stigma blocking access to education, health, resources, interest in inheritance, political opportunities etc.
   
   The social reform movement in India helped alleviate and improve gender justice to some extent.
   In response, legislative guidance emerged that prohibited social evils practices that marginalized women.
     
   - Abolition of Sati - Raja Rammohan Roy advocated for the abolition of sati, a practice of immolation of a widow after death of her husband and finally, the Bengal Sati Regulation Act 1829 emerged 
   
   - Prohibition of child marriage - Child marriage restraint act 1929 emerged in response to protests against child marriage as it was detrimental to the health and well-being of children. The regulation raised age limit to 14 for girls and 18 for boys
   
   - Widow remarriage - The Hindu Widow Remarriage Act 1856 legalized the remarriage of Hindu widows on 16th July 1856. movement for widow remarriage was led by Ishwar Chandra Vidhyasagar
   
   - Women's education - 
   
   - female infanticide - The Female Infanticide Prevention Act, 1870, also Act VIII of 1870 was a legislative act passed in British India, to prevent the murder of female infants.
   
   - Challenging practices like dowry, purdah, and polygamy through change in legislation
   
   
   
2.  What do you understand by feminist jurisprudence? discuss the social inequalities against women in the pre-independence era.
   
   Feminist jurisprudence is a philosophy of law based on the political, economic, and social issues of equality. As a field of legal scholarship, feminist jurisprudence began in the 1960s. 
   Laws affecting employment, divorce, reproductive rights, rape, domestic violence, and sexual harassment have all benefited from the analysis and insight of feminist jurisprudence
   
   (part II same as in the previous question)
   
   
   
3. Labour and employment laws are gender-neutral, protective and corrective. Briefly describe suitable provisions of the legislation.
   
   Refer to this document from the Ministry of Labour
   
   - The Factories Act, of 1948 (Chapter V) incorporates provisions to ensure the welfare of women workers. These include the establishment of canteens, restrooms, first aid boxes, facilities for sitting, washing, storing, and drying cloths, and crèches for women workers within the factory premises
   
   - The Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996, mandates comprehensive welfare measures for women construction workers. These measures include provisions for first aid facilities to address immediate health needs, the availability of clean, accessible, and separate toilets to ensure sanitation, the establishment of canteens to provide food during working hours, the provision of crèches for the childcare, and the provision of restrooms to facilitate a comfortable working environment.
   
   - The Beedi and Cigar Workers (Conditions of Employment) Act, 1966 requires that every industrial premises where female employees more than the specified number are ordinarily employed, a suitable room or rooms for the use of children under the age of six years of such female employees shall be provided and maintained.
   
   - The Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) also has a welfare provision for children accompanying the women working under MGNREGA
   
   - The Maternity Benefit Act, of 1961 provides maternity benefits to women employees, this act was amended in 2017 that extend maternity leave from 12 to 26 weeks. This act goes beyond providing maternity leave for women employees. In addition to granting maternity leave, the Act mandates that employers with 50 or more employees must establish and maintain a crèche within the workplace
   
   - Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Central Rules, 1980 mandated for separate latrines and urinals, separate washing facilities, creches and accommodation for migrant workers.
   
    - The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013, plays a pivotal role in fostering a safe and secure working environment by actively preventing and addressing instances of sexual harassment in the workplace, which indirectly contributes to enhancing women’s participation in the workforce. One of its key provisions is the mandatory creation of Internal Complaints Committees (ICCs) within organizations.
   These guidelines superseded the Vishakha Guidelines promulgated by the Supreme Court in 1977 when the legislation lacked such an act.
   
   - The Payment of Wages Act, of 1936, plays a pivotal role in safeguarding workers' rights, especially for women workers by specifying the timing and mode of wage payments.
   
   - The Minimum Wages Act, of 1948, is a crucial piece of legislation that ensures the fixation and periodic revision of minimum wages for various categories of employment
   
   - Equal Remuneration Act, 1976: The Equal Remuneration Act, 1976, is a significant legislation designed to eliminate gender-based wage discrimination. This act prohibits any form of discrimination in wages based on gender. It emphasizes the principle of equal pay for equal work and ensures women receive the same remuneration for identical or similar work.
   
   - The Occupational Safety, Health, and Working Conditions Code, 2020, incorporates provisions to address the occupational safety, health, and welfare of workers including women workers. It emphasizes creating a secure and healthy working environment, considering the unique health considerations of women
   
   - Code on Wages, 2019, serves as a comprehensive and streamlined framework for labour laws about wages. It encompasses all categories of employees, including those in contractual, casual, and temporary work. This code underscores the principles of gender equality and nondiscrimination by explicitly prohibiting wage disparity based on gender
   
   - The Code on Social Security, 2020, was formulated with the primary objective of consolidating laws related to social security, aiming to extend comprehensive social security coverage to all workers.
   
   - The Industrial Relations Code, 2020 aims to consolidate laws relating to industrial relations. The code introduces the concept of fixed-term employment and sets rules for the retrenchment of workers.
   
   
   
4. Write an essay on uniform civil code towards gender justice
   
   The Uniform Civil Code is a proposal to replace the personal laws which govern the different religious communities in India with a common set of rules governing marriage, divorce, inheritance, adoption and maintenance.
   
   Directive Principles of State Policy provided under Art.44 of the Constitution of India. Art.44 provides for the Uniform Civil Code throughout the territory of India.
   
   But personal laws create a basis of discrimination on the grounds of gender, that is whether an individual is a man, woman, transgender, or identifies as part of the LGBTQ community
   Personal laws vary as per each individual religious beliefs and customs often based on patriarchal norms. They often benefit the male gender in matters of divorce, inheritance, succession, and marriage. Before personal laws were reviewed and amended they presented glaring examples of gender-based biases in legal provisions.
   
   In Muslim law, polygamy and unilateral divorce by the husband to their wife by pronouncing Talaq thrice in the presence of two witnesses was a peculiar feature which was unjust, derogatory, and discriminatory against Muslim women. Furthermore, Muslim women would only get half or less of the share in the property during inheritance and succession.
   Hindu law until amendment in 2005, daughters did not have an equal coparcenary right in joint Hindu family property. Under Christian law, while it sufficed for a husband to seek divorce on grounds of adultery;  the wife had to prove grounds one more ground for divorce coupled with adultery to seek divorce. Furthermore, in the Hindu Adoption & Maintenance Act, 1956 why is the position of the mother subordinated to the position of the father, as a natural guardian?
   
   Questions for practice
5. Elaborate on the provisions relating to inheritance right of women in Muslim law
   
6. U.N Convention for Elimination of Discrimination Against Women (CEDAW) is a vibrant and dynamic and living instrument for the human rights of women. Elaborate.
7. Indian Penal Code seems to be gender neutral deeper analysis of its provision relating to women reveals the gender bias.
8. Discuss the role of the Supreme Court in feminist jurisprudence.
9. How has the Hindu Succession Amendment Act 2005 ended gender discrimination? Discu