This comprehensive lecture covers the complete course of Gender and Law and Feminist Jurisprudence for legal studies. It examines foundational theories of gender equality, transformative constitutionalism, and critical legislative developments across marriage, bodily autonomy, and workplace justice. Law students will gain clear insights into landmark judicial decisions, statutory protections, and ongoing debates surrounding gender rights in India.
In this video you will learn:
• Understand key schools of feminist jurisprudence including liberal, cultural, dominance, and queer theories
• Analyse constitutional guarantees of equality and protective discrimination under Articles 14, 15, and 21
• Examine landmark Supreme Court decisions on gender identity, adultery, and same-sex partnerships
• Evaluate legal protections under the Domestic Violence Act, Section 498A IPC, and maintenance statutes
• Explore reproductive rights, MTP amendments, and the judicial prohibition of the two-finger test
• Assess criminal law frameworks on consent, marital rape, and deceitful promise to marry under the B.N.S.
• Understand workplace rights including the POSH Act, maternity benefits, and permanent commission cases
• Critique gender stereotypes, the reasonable man test, and obscenity standards under Indian law
Topics covered:
• Sex and Gender Distinction and Gender Self-Determination
• Feminist Jurisprudence: Equal Treatment, Cultural, Dominance, and Intersectionality
• Feminist Legal Methods and the Indian Women's Movement
• Marriage, Decriminalisation of Adultery, and Section 377
• Same-Sex Marriage and the Supriyo Judgment
• Domestic Violence Act, Shared Household, and Cruelty under Section 498A
• Divorce, Maintenance, and Stridhan Rights
• Reproductive Rights, MTP Act, and Ban on Two-Finger Test
• Consent, Marital Rape Exception, and False Promise to Marry
• Regulation of Sex Work and Trafficking
• Workplace Equality, Indirect Discrimination, and Armed Forces Commissions
• Sexual Harassment at Workplace (POSH Act and Vishaka Guidelines)
• Maternity Benefits and Valuation of Unpaid Domestic Labour
• Feminist Critiques of the Reasonable Man Standard and Victim Stereotyping
Important case laws:
• National Legal Services Authority v. Union of India (2014)
• Vineeta Sharma v. Rakesh Sharma (2020)
• Joseph Shine v. Union of India (2018)
• Navtej Singh Johar v. Union of India (2018)
• Supriyo v. Union of India (2023)
• Satish Chander Ahuja v. Sneha Ahuja (2020)
• Mohd. Ahmed Khan v. Shah Bano Begum (1985)
• Justice K. S. Puttaswamy v. Union of India (2017)
• State of Jharkhand v. Shailendra Kumar Rai @ Pandav Rai (2022)
• Secretary, Ministry of Defence v. Babita Puniya (2020)
• Vishaka v. State of Rajasthan (1997)
• Pramod Suryabhan Pawar v. State of Maharashtra (2019)
• Budhadev Karmaskar v. State of West Bengal (2011)
Statutory provisions discussed:
• Section 4, Transgender Persons (Protection of Rights) Act, 2019
• Article 14, Constitution of India
• Article 15(3), Constitution of India
• Section 3, Protection of Women from Domestic Violence Act, 2005
• Section 17, Protection of Women from Domestic Violence Act, 2005
• Section 85, B.N.S.
• Section 63, B.N.S.
• Section 69, B.N.S.
• Section 294, B.N.S.
Useful for: LL.B. (3-year and 5-year integrated), UGC NET Law, CLAT PG and University semester exams.