FEMINISM: VILLIAN OR VICTIM



Author: Dibya Lipsa Maharana, KIIT School of Law

Linkedin Profile: https://www.linkedin.com/in/dibya-lipsa-maharana-35807a339?utm_source=share&utm_campaign=share_via&utm_content=profile&utm_medium=android_app


To the Point

The concept of feminism was initiated in the 18th century as a social, political and women’s movement for the prevention of enslavement of women from social, political, cultural, economic and legal restrictions. The main goal of feminism is to end the discriminations, sufferings and violence faced by the women irrespective of their caste, age, religion, race, color, status, etc. Regretfully till today women are not considered worthy and necessary in the society. They are still viewed as secondary citizens and the property of father, husband and the society. They are not the first priority as the society still believes that women are weak and are not strong enough.

Abstract

There is no proper definition of feminism. Women are always subjected to different types of discriminations and violence whether it is in private place or public place. They become victims of marginalization due to their gender and sex. Today, feminism is a diverse range of ideas and actions that challenge established hierarchies of power, address structural inequality, and promote justice for all rather than supporting a single ideology. Feminism has had a major impact on academic disciplines including literature, sociology, law, and philosophy by establishing critical frameworks that question historical narratives and destroy gender norms. Feminist activism has resulted in significant changes in both politics and the law, such as laws pertaining women equal pay, access to reproductive healthcare, and safeguards against domestic abuse and sexual harassment. Notwithstanding these developments, feminism nevertheless encounters opposition and misunderstandings, frequently seen as anti-male or unnecessary in contemporary culture. Nonetheless, feminists argue that by developing more diverse, caring, and balanced communities, feminism is useful to all.

Use of Legal Jargon

Even in the present day, all the women do not get equal opportunities as compared to the men. They are always considered inferior to men whether it is in private sphere or public sphere. Whereas men enjoy a higher status in the society as compared to women. One of the main goals of feminism is that women should enjoy the same political and legal rights as men. It concentrates on women’s liberty in private spheres and urges for social change such as cultural and social contrast between men and women. It encourages women to participate in public spheres such as politics, education and employment and aims to prevent them from being confined within domestic work such as family caring and child rearing. It focuses on the problems of social, political, cultural and economic inequality faced by women in their daily life. It emphasizes on the empowerment of freedom and equality for women and tries to prevent the biasness between men and women.

The Proof

Till today several women do not have access to basic healthcare facilities such as pregnancy and childbirth. The women residing in rural or sub-urban areas have to travel hundreds of miles to acquire basic healthcare facilities. In many areas, access to reproductive rights like abortion, contraception, etc. have been restricted by laws. Countries like El-Salvador and Philippines have banned abortion without any exceptions. Even in US, few states like Alabama, Texas, West Virginia, Indiana, Kentucky, Louisiana, etc. have totally prohibited abortion in any circumstances. In several industries, women are paid less as compared to the men because these fields are considered male-dominated or male-oriented. Their efforts and opinions are unrecognized and not valued properly. In many nations, women do not have access to legal and educational rights such as right to education and right to vote. Violence and discrimination against women remain a major problem till date. The rates of sexual and domestic violence against women are generally high.

Case Laws

Roe v. Wade (1973): Norma McCorvey, age 21, finds out she is pregnant and decides to get an abortion. McCorvey was forced to look for a prohibited method because Texas law only allows abortions in cases where the pregnant woman’s life is in danger. After failing, she files a lawsuit against the state of Texas. To conceal her identity, she is given the nickname “Roe.” A significant discussion about reproductive rights and the government’s role in controlling individual decisions were sparked by this case. The Court acknowledged that a woman’s right to privacy under the Fourteenth Amendment includes the freedom to make decisions regarding her own body, including abortion.

Vishaka and Ors. v. State of Rajasthan (1997): In her village, Rajasthani social worker Bhanwari Devi tried to stop a child marriage. Members of the community brutally gang-raped her in revenge. The accused were acquitted despite reporting the crime because there was insufficient proof, exposing institutional gaps in women’s protection. A Public Interest Litigation (PIL) was brought in response by a number of women’s organizations, including Vishaka, who claimed that the lack of legal remedy for workplace harassment violated upon women’s fundamental rights as protected by Articles 14, 19, and 21 of the Constitution. In the absence of particular laws, the Supreme Court published the Vishaka Guidelines to provide a framework for preventing and addressing workplace harassment after ruling that sexual harassment violates the right to equality and dignity.

Opuz v. Turkey (2009): Nahide Opuz, a Turkish lady, filed the lawsuit after she and her mother were subjected to frequent physical abuse and threats from her husband. The Turkish government did not take sufficient action to stop the abuse or protect the victims in spite of multiple complaints to the authorities and clear evidence of increasing violence, including the eventual death of Opuz’s mother by her husband. Turkey was found to have breached the European Convention on Human Rights’ Articles 2 (right to life), 3 (prohibition of torture and cruel or degrading treatment), and 14 (prohibition of discrimination). Given that women are more frequently impacted by domestic violence, the Court determined that the state’s action constituted both a failure to protect the victims and a kind of gender-based discrimination.

R v. R (1991): In the process of separating from his wife, the defendant “R” reportedly raped her. He was accused of rape and assault and found guilty. Based on the ancient common law theory, the defense contended that a husband could not be guilty of raping his wife. The House of Lords decided that the exemption from marital rape was no longer appropriate in today’s world. It is outdated and unfair to assume that a man’s marriage grants him unbreakable sexual rights over his spouse. It recognized that women had legal control over their bodies, even in marriage, and that marriage does not equate to automatic consent. In feminist legal history, it continues to be an important case, especially when it comes to marital rights and sexual abuse.

Conclusion

Feminism is just an ideology that advocates for the equal fundamental rights of women. Some people have contended that feminism is not necessary and unimportant whereas some have argued that feminism is an ‘anti-men’ ideology. Both visible and invisible types of bias against women are still common. Feminism attempts to address a number of enduring inequalities, such as the gender pay gap, unequal representation in company management and politics, sexual harassment, gender-based violence, and restricted access to reproductive healthcare. Furthermore, contemporary feminism acknowledges the intersections of gender inequality with other identities, such as race, class, caste, and sexual orientation. Changing social norms and expectations is another important function of feminism. Both men and women have been confined by traditional gender roles, since they have been socialized to suppress their emotions, avoid caring responsibilities, and adhere to dominant values. Feminism promotes emotional health, shared duties, and more equal relationships by encouraging freedom from these roles. It promotes a society in which people are respected for who they are as human beings rather than being confined or judged according to their gender.

FAQS

What is Feminism?
Feminism is a socio-political and women’s movement that advocates for equal rights and opportunities of women and aims to prevent the social, political, cultural, economic and legal restrictions imposed on women.

What is the difference between Feminism and Pseudo-Feminism?

Feminism is an ideology that advocates for the equal rights of all genders whereas Pseudo-Feminism is an ideology that is based on female-dominance.

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