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Complete course · Gender and Law

Gender and Law Complete Course

  • 2 h 41 min
  • 27 chapters

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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 BNS • 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, Bharatiya Nyaya Sanhita • Section 63, Bharatiya Nyaya Sanhita, 2023 • Section 69, Bharatiya Nyaya Sanhita • Section 294, Bharatiya Nyaya Sanhita Useful for: LL.B. (3-year and 5-year integrated), UGC NET Law, CLAT PG and University semester exams. Chapters: 00:00 Introduction to Gender and Law 00:59 Unit 1: Gender, Law, and the State 03:45 Self-Determination of Gender Identity 14:12 Legal Capacities from Disability to Inclusion 21:25 Waves of Feminist Jurisprudence 30:54 Intersectionality and Critical Race Feminism 40:14 Feminist Legal Methods 42:47 The Women's Movement in India 49:39 Marriage and Family in Law 52:26 Decriminalisation of Adultery and Section 377 57:34 Same-Sex Marriage and the Supriyo Judgment 01:03:50 Domestic Violence Act and Shared Household 01:11:32 Domestic Cruelty and Section 498A IPC 01:18:08 Divorce and Maintenance Rights 01:25:08 Bodily Autonomy and Reproductive Rights 01:37:45 Virginity Tests and Two-Finger Test Ban 01:41:24 The Marital Rape Exception 01:46:27 Prostitution and Sex Work Regulation 01:51:11 Discriminatory Service Rules and Employment 01:57:31 Permanent Commission in Armed Forces 02:04:35 Sexual Harassment at Workplace Law 02:10:03 Maternity Benefits and Unpaid Domestic Work 02:17:08 Unit 6: Gender Stereotypes: What Stereotypes Do 02:18:57 The Ideal Victim in Sexual Assault 02:24:43 Feminist Critique of Reasonable Man Standard 02:32:43 Indian Obscenity Law and Hicklin Test 02:40:19 Course Conclusion and Exam Guidance Notes and study material: https://www.thelaweasy.com #GenderAndLaw #FeministJurisprudence #UGCNETLaw #CLATPG #LawEasy

Case law

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Case law library

Vishaka vs State of Rajasthan

Supreme Court of India · 1997

First, let us understand the basic meaning. Before 1997, India had no specific law defining or prohibiting sexual harassment at the workplace. Vishaka & Ors. vs. State of Rajasthan (1997) answers a foundational question: when Parliament has made no law on a subject, can the Supreme Court still step…

Constitutional Law II

Joseph Shine

Supreme Court of India · 2018

In Joseph Shine v. Union of India (2018), a five-judge Constitution Bench of the Supreme Court unanimously struck down Section 497 of the IPC, which made adultery a crime. It also struck down Section 198 of the CrPC insofar as it applied to adultery. The Court held that the law treated a wife as her husband's property and violated Articles 14, 15 and 21, so adultery is now only a civil wrong and a ground for divorce, not a crime.

Constitutional Law II

Shah Bano

Supreme Court of India · 1985

A five-judge bench of the Supreme Court held that Section 125 of the Criminal Procedure Code (now Section 144 B.N.S.S.) is a secular provision that applies to all wives, including divorced Muslim women, regardless of religion. A divorced Muslim wife who cannot maintain herself can claim maintenance beyond the iddat period, and payment of mehr does not end this duty. The judgment started a nationwide debate on personal law versus secular law, led to the Muslim Women (Protection of Rights on Divorce) Act, 1986, and revived the debate on a Uniform Civil Code under Article 44.

Constitutional Law II

Notes

Notes on Gender and Law

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Gender and Law Complete notes

Gender and Law: Complete Notes

About this subject ▶ Watch this part of the lecture (0:00) Gender and Law is studied in six units, from what gender is and how the State has used it, to how stereotypes about women and men shape the reasoning of courts. Gender is not a subject only about women: it quietly decides who cooks at home…

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Practise 24 Gender and Law MCQs Check what you have learnt with practice questions on this subject.

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