UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY ,CHANDIGARH

PROJECT ON LIBERAL FEMINISM

SUBMITTED TO. Submitted by.

Dr. Navneet arora ma’am SIDDHARTHa VATS
Ba ll.b ( 2nd year)
Roll no. 152/21 , Sec. c

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 -: acknowledgment :-

Every project, however big or small it may be and however important

it is, is successful largely due to the efforts and dedication of a number
of persons who have helped in whatever way they can, by providing
information related to it or by giving advice that is essential in the
completion of the project. I sincerely appreciate the assistance of these
people and thank them for their support and guidance that was the
instrumental in making this project a success. Siddhartha vats of
University institute of legal studies, Panjab University, are grateful
to the University for the confidence bestowed in me and entrusting my
ability. I also appreciate and extend my thanks to my project guide,
Prof. Navneet Arora ma’am, who mentored me while compiling the
project. Her insight has been extremely valuable in the completion of
this project. I would like to extend my last words of gratitude to
everyone else involved in helping me in this project.

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 Table of content
Abstract……………………………………………………………4
Introduction……………………………………………………… 5
Aim……………………………………………………………… 6
Objectives………………………………………………………… 6
Scope and
Limitations…………………………………………………………...6
Research
Questions……………………………………………………………....6
Research
Methodology…………………………………………………………..6
Review of
Literature……………………………………………………………..7
Historical development of feminism and its three
waves…………..……………………………………………………8-10
Conclusion…………………………………………………………..11
References…………………………………………………………..12

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ABSTRACT

Feminism has been a topic of argument since its inception. Feminism has been advocate
with multiple dimensions and approach. Not that the concept of feminism has always
been same but been with different weightage. Women have always been the subject to
cruelty and violence since the days immortal.

World has always been the place of male dominance, either it was World War 1 or the
world war ll. Every decision, every strategy was made by the men. Or it be about the
world as a home where the ladies hadn’t got the place they ever deserved in the society.
Why it has become all source of talk over the period? Is that the women realised what
was necessary for them to exist in society with duly marinating the dignity that they
deserved. It is a myth that it has always been the movement by women for women but
also men have equally endorsed their views in favour of women empowerment and its
importance. Not that the society is run only with the contribution of men, but women
have contributed equally, in terms of finance or it social, political any possible
contribution.

The idea of femisin is descriptive rather a pointed objective terms and orders. The soul
idea is the stand of women in the world wide. It’s a belief that women aren’t unequal to
men and thus must be given equal opportunity when it comes to merits and
responsibility.

This is an idea of that it must be a movement in all together to not just bring a change
among the ones in the group but for also those who are outside the movement. It’s a
struggle fought for the even those helpless women, who because of certain ideologies
have become slave to the tradition and societies.

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 INTRODUCTION

World in large has always been a patriarchal society, male used to go for hunting and female
were subject to house hold. She has always been confined to nurturing of children and loo
after the house, where as male was always considered to be powerful who been the bread
earner of the house and protects the entire family. This is not something which has been the
shared duty among the partners from now but since the time of old age. Even the great writes
and philosophers of earlier time did not believe that women were to given the place to rule or
to think. As mentioned by Aristotle that, women must not rule, she must be the subject of the
men’s policy and always follow what the master says. Though he did not droop it to the level
of slaves and considered them higher to them but were the product of their ruler. He believed
it is the nature which has brought the difference among the male and female. A male must
always be the ruler where as the female must be the subject. He wrote in his book Politics
that the strength of the man lies in oder where has the female in obeying.
Not that Aristotle were the only believer of women’s subjugation but the most of the entire
society believed in this system. Women have been property of men in wars. People looted
place and raped women mercilessly. A man maintained more than one wife , whereas female
weren’t allowed to do so . the concept of equality and liberty were not seen anywhere.
Women never had right to put front her views and opinions in the matter of social, political
or economic welfare. Treated to be unequal’s and incapable to rule, they were mean down.
Eminent writer as marry Wollstonecraft in her book vindication of women’s right advocated
the importance of the women in society. she argued about the differences that the male and
female has is not the choice but the natural phenomenon , and therefore the gap must be
bridged through education and promotions. She believed the concept of equity that was
necessary to raise the women and give her opportunity ti fly.
Prior to the French revolution, female were looked upon as someone who was to fulfil the
reproductive necessity and to look after the household chaos, however the French revolution
gave the women the opportunity to move beyond the barrier and to fight for the rights.
Women march towards Versailles stood as an example for the protofemisim. Women were
given the status of citizen and the declaration of women’s right were talk of the world. The
time was thus changing and women realised their worth and most importantly it was men
who realised their worth.

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 Aim

The aim of this project is to understand the idea of feminist jurisprudence and deal with
intricate details regarding how change in the concept of feminism is reflecting new avenues
in Indian jurisprudence.

Objectives

 To understand the concept of feminism

 To understand the how this concept of liberal feminism evolved
 To analyse how recent developments have changed the preconceived juristic approaches
both on the national as well on the global front
 To find out the role of state in interpreting feminist aspects of jurisprudence.

Scope and Limitations

The scope of the project covers the idea how feminism evolved from radical to liberal way
and how did it shape international jurisprudence
The limitations faced during research was lack of available materials on Indian viewpoint.

Research Methodology

The methodology adopted for the purpose of the present research is the doctrinal and the
analytical methods. Secondary sources have been used for reviewing the existing literature
and for the collection of data.

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Literature Review

1) SURI RATNAPALA-JURISPRUDENCE

By using this book, I got a deep insight of what was actually the nuances of feminist
jurisprudential ’ work. The book has a very good description and a valid detailing
format of every single topic has a reference issue. This book had a major playing and a
great contribution in this project as it had proved to be of a major help to me while
doing the research on this topic.

2) L.R Broster, Feminism, The British Medical Journal, Vol. 1, No.4177,

January 25, 1941, pp.117-118, published by BMJ
This article throws light upon feminism and feminist perspective of the conservative
as well as changing society. This article helped in the understanding of the concept of
feminism which is the necessary foundation of this project. Moreover it explained
feminism in a nutshell. It also talks about how the connotation and implication of
feminism is most often mistaken and misunderstood and explores the deeper meaning
of the word

3) S.R MYNENI- JURISPRUDENCE A LEGAL THEORY

It is an illustration of the various women’s movements in India in the pre-
independence period and the post independence period. It illustrates the involvement
of women through pictures, postcards, letter excerpts, writings etc. It basically talks
about how there was a change in the very issues of women with a passage of time and
how women worked to achieve their demands. It is a very interesting read and it
instills a feeling of respect in the readers towards the survivors, THE WOMEN

4) Dr. Prasanta Kumar Padhi, The Rise of Feminism and the Growth of
Black American Women Literature, IOSR Journal of Humanities and
Social Science, Vol.19, issue 7, Ver. 4, July 2014, pp. 38-42.
This article has played a very significant role in the subject. It traces the origin of the
Black feminism and throws light upon its literature which has played a vital role in the
feminist movement and the fight against racism and injustice. It illustrates the growing
discontentment in the Black women that finally lead to the Black Feminism. It also
talks about the various autonomous Black Movements and the Palestinian Women’s
movements.

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 HISTORICAL DEVELOPMENT OF LIBERAL
FEMINISM AND THE THREE WAVES

It was then in 1840’s when it gained its momentum when the Seneca fall convention
and the resulting declaration of sentiments argued for the right of equality and liberty
for the women in the American declaration if Independence. It turned to be like fire in
the forest, it started in once place and started all over. It was then again in 1840’s in
Britain where the women suffrage movement gained its rhythm. Not that the feminism
as a term was coined than but much later. Though the importance of the women right
and liberty has been advocate since the 19th century the term came in use much later.
It was the resistance of those who even advocated the rights to associated themselves
or address themselves as feminist. But with the passage now the essence of addressing
any problem which is related to women is grouped as feminism indiscriminately.1

Feminism as a movement can be divided or best understood in waves.

THE FIRST WAVE OF FEMINISM

First wave is the time of feminism were the feminist advocate the equal rights in
suffrage. Women during this time realised that they were just not to mean to be
surrounded with house hold work but also to contribute to the society politically. This
gave reconstruction to politics, now the political ideology also started giving
importance to the views of the ladies. That the women if not more than male but
equally can contribute to the working of the society. This wave was succeed by the
second wave.

THE SECOND WAVE OF FEMINISM

The second wave of feminism was encountered around mid-1960-1980. Women now
became much more concerned about her position in the society and her contribution towards
the emerging world. The idea of feminism has taken multiple dimensions. Much inspired by
the cicil rights movement in America. The women fought back even stronger. This was the
period when women did not only fight back their respective place in society but also lead
movement.
______________________________
1
http://www.myacpa.org/sites/default/files/Feminist_Theoretical_Perspectives_pasque_wim
mer_REV.pdf accessed on 17th April 2019

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for the rest of others. Movement of National Organisation for Women not only ignited the
movements for themselves but for everyone, breaking the norms and values of the society
which had orthodoxy as its fundamental unit. The various other movements where the reason
that the Civil Act Right Of 1964 was introduced that prohibited the discrimination on the
basis of gender in employment. During this wave the advocating feminist believed that the
differences that the man and women hold is not just by the virtue of biology but because of
the differences prevailing in the society in form of culture or the outlook. These barrier must
be changed for the better society to take over and in order to do so it requires state as an
force. Sexual harassment laws must be passed, changing the prosecution of rape, changing
the codes of speech and actions. Women must be given right in various area.

THE THIRD WAVE OF FEMINISM

And then comes the third wave, which starts around 1990. Than to now we have seen the
various approach to the feminist issues. Not that the struggle was smooth, it always had
lashes from all side. They encountered many critics and this gave rose to the third wave. This
time favours the various other untouched areas, where it is not about being feminist but
equality for being equivalent. Either it can be for fighting the equal pay for equal right or it’s
about the fight for the LGBT. Feminism must not be calculated to be misandry but to give
women it deserved.
However not every feminist approach has been the same. There are group who advocated on
the equal right of men and women but however there has also been a group who considers
that women must be given little more than that of men in certain areas. Few feminist have
advocate the up liftmen of women in society by keeping the general traditions untouched or
basic fundamentals as it is where as certain feminist did not believe in this concept and
believed that it is more important that the ground objectives must be changed to bring the
uniformity.
In this case the Liberal Feminist have taken a very sensible approach towards the women
empowerment as well as giving direction to feminist. Liberal feminism talks about the
liberty that the women has in person and then the in political. That the liberty that the women
exercise personally is always the result of the liberty she has politically.
Women must be given freedom to live her life as per her choice and freedom. She must be
given space to exercise her wish and desire. And for this it is must that the elements which
forbids such freedom must be disabled and the institution of the society must not subjugate
women’s personality. One of the very fundamental necessity for the women to enjoy her
liberty as person is disabling the violence against her. World has witness that, multiple
atrocities have been committed on women from long.
The patriarchal society has always framed Do’s and Don’ts’s for her. It is the male who
decides the activity of the women as per his choice and wish. This has taken away her
fundamental right to choose that she must have by the virtue of being human. Male framed

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laws which were best suitable to them. They restricted the working of women because they
found that the women must be limited to household. Women must not be limited to te rules
set by the morality framed by the patriarchal society. Either it is the right to abortion or is her
right to carry any profession. She must be given equal right that of a man. 2
Liberal feminist advocates the importance of the education of the women. If the women
aren’t educated or not given right to education, this will always limit their right to choose,
their right to options, their right to wrong and right. Economic deprivation must not become
the reason for stopping their personal growth. Women must be educated to become
independent not only financially but also to take decisions for themselves.
When it comes to political independence of women, it’s the state which has the foremost
duty towards the equal rights of women. It’s the state which must ensures that the
responsibility must be equally shared among all. State is one of the most important
institution that must ensure that there is fairness in the society about the distribution of
resources. World has always seen that the resources have always been under the male
mostly and women got their respective shares as per the will of the male. One is born not by
his choice but accidently and therefore one must do everything for the one who hasn’t got.
This was much advocated by John Rawls who gave away the idea of ‘veil of ignorance’ and
advocated the fair distribution of natural resources. This was explained in the two theory one
about the liberty principle and then the equal opportunity principle. 3
Liberal feminist are of the belief that the women must be holder of the system under which
they are living. And how is that possible when there is no equal representation. They believe
that that the women must be given rights to govern the system as much as men is given. To
liberate women the system must be modified. And how is that possible. To break the male
dominated society it is necessary that women is there and the representation is equally given
chance in the system. A women will best understand her situation across and the rules and
regulations passed for them must be seen from the vision of women itself.

_____________________________
2
Adamson; Briskin; and McPhail 1988
3
Santosh Desai, The Issue, Not the Documentary, The Times of India, March 11,2016, pp-4

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CONCLUSION
Legal doctrine emerges from human experience. When women were excluded from the legal
enterprise, man-made law was just that. The growth of feminist jurisprudence has coincided
with the entry of more and more women into the lawyering, law-making, and judging
professions. Relying on women’s experiences and perspectives, the first generation of
feminist legal scholars has progressed from incisive analyses of law’s male bias to the
creation of new doctrines, new methods, and new proposals for reform. Activists in the legal
arena have changed law to embody these concepts, as the “reasonable person” example
shows. The two groups of scholars and activists overlap, and each activity has infiltrated and
influenced the other. But law’s male bias remains pervasive enough to make legal doctrine
more responsive to men’s claims than to women’s. Both scholars and practitioners know that
much work remains for later generations to do.4
Girls and women deserve better than the empower-washing of the entire world. Girls and
women deserve better than to be told that theirs is the one group that has to simply allow
everyone in. We deserve better than for our concerns to be mocked or met with threats and
protests. We deserve better than for people to throw strawmen like the “shared girlhood
myth” at us when we assert our rights to organize and regulate our groups in the same way
that other oppressed groups organize themselves. I know it’s not crazy, because I can see the
differences between online communities with different policies.
Imagine what internet feminism might have looked like if, from the beginning, women had
simply refused to grant men access to the playhouse–and how very different third wave
feminism is from that, how much more placating, more quick to soothe hurt feelings, more
quick to capitulate and say “Well, we all have our own opinions.”
Many feminists have concluded at this point that it is critical to mainstream women into the
public sphere, thereby increasing their visibility as economic contributors and, thus, their
control over their own lives. It is crucial to weaken the public/private distinction to make the
general work environment more hospitable to parents and caregivers in general. And it is
imperative to continue to raise feminist consciousness: to identify the bias of male norms,
and yet to attend to the contextual surroundings necessary for an accurate assessment of
complex human relations, as well as pragmatic solutions to longstanding entrenched
inequality. Law is a critical tool in this effort

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4
Abrams, K. and H. Keren, 2010. “Law and Emotion,” Minnesota Law Review, 94: 1997–2074.

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REFERENCES

BOOKS AND JOURNALS

1) SURI RATNAPALA, JURISPRUDENCE (Cambridge University Press, New Delhi,
First Edition 2009) ISBN No. 978-0-521- 614-832
2) Montreal & Kingston, The Return of Feminist Liberalism, McGill-Queens University
Press, 2011
3) SR MYNENI JURISPRUDENCE: A LEGAL THEORY (Asia Law House ,
Hyderabad, Second Edition 2012) ISBN number 978-93-81849-82-9
4) Journal of Political Philosophy, ‘Feminist Politics and Feminist Pluralism: Can We
Do Feminist Political Theory without Theories of Gender?,2004
5) Ed. John M. Robson. The Subjection of Women. In: The Collected Works of John
Stuart Mill, Vol. 21: Essays on Equality, Law and Education. (Toront University of
Toronto Press). 1984.
6) Dr. Prasanta Kumar Padhi, The Rise of Feminism and the Growth of Black American
Women Literature, IOSR Journal of Humanities and Social Science, Vol.19, issue 7,
Ver. 4, July 2014, pp. 38-42
7) Stark, B., 2004. “Women, Globalization, & Law,” Pace International Law
Review, 16: 333–356.

WEBSOURCES
http://www.encyclopedia.com/social-sciences-and-law/sociology-and-social-
reform/socialreform/womens-movement
https://plato.stanford.edu/entries/feminism-law/
http://www.feminist.com/resources/artspeech/genwom/whatisfem.htm
https://en.oxforddictionaries.com/definition/feminism
http://wgs.eku.edu/what-feminism

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