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