Original Research Journal
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April 23, 2026
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FEMINIST JURISPRUDENCE: A TOOL FOR WOMEN PROTECTION
Annanya Saxena
DOI : 10.5281/eiirj.19740000
Abstract
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The movement of feminism began in19th and early 20th centuries across the world. At that time the focal point of the movement was gaining women’s suffrage i.e. Right to vote. From then the movement flourished and the focal point shifted to racism and body shaming against women in 1960-70. In parallel, there was a rising reliance on the idea that the main cause of women's historical subordination was the law. Such a conviction served as the foundation for feminist legal theory and jurisprudence. In the opinion of the feminist philosophy of law, there is an influence of patriarchal norms and masculinity standards on the legal system.
In India, the first wave of feminism started in 1850-1920 when the sati system was abolished. In the pre-independence era, the second wave of feminism started and the popularity of women’s rights grew. The women were coming forward and setting forth their opinions against patriarchy and the British. With the beginning third wave of feminism in 1992, harassment and the issue of intersectionality became the centre of attention. The establishment of a national commission for women proved to be a milestone in the journey of feminist jurisprudence in India.
The judgement of the Bhawari Devi case of Rajasthan, the Shah Bano case, the Mary Roy case of Kerela, the Suhas Kutti case of Tamil Nadu, and The CEHAT v. union of India case deepened and strengthened the roots of feminist jurisprudence in India.
Currently, we are in the fourth wave of feminism where empowerment of women has become the focal point. The Indian legal system has benefited much from the feminist legal thought. “A variety of laws, including the Protection of Women from Domestic Violence Act, the Dowry Prohibition Act, the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, the Maternity Benefit Act, the Medical Termination of Pregnancy Act, the Indecent Representation of Women Act, and the Equal Remuneration Act”, have made it possible for women to advance in all spheres of life. In this paper, the author has made an attempt to discuss the concept of feminist jurisprudence, how India was affected by the movement, the influence of judicial decisions in the light of feminist legal theory on society and the protectionist interpretation of laws for women.