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Feminist Jurisprudence Gender Justice

This document outlines a course on Feminist Jurisprudence and Gender Justice offered at Ambedkar University Delhi. The 4-credit course is intended for second year students in the MA in Law, Politics and Society program. It will examine how law can promote gender justice, empowerment and equality in India by analyzing statutes, judgments and debates through a feminist lens. The course is divided into 5 modules covering topics like feminist theory, gender equality and the law, laws related to violence against women, and the limits of law. Students will critically assess how laws have or have not achieved gender justice. The goal is to facilitate discussions on achieving gender justice and equality through legal and non-legal means.

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Akhya gupta
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0% found this document useful (0 votes)
57 views9 pages

Feminist Jurisprudence Gender Justice

This document outlines a course on Feminist Jurisprudence and Gender Justice offered at Ambedkar University Delhi. The 4-credit course is intended for second year students in the MA in Law, Politics and Society program. It will examine how law can promote gender justice, empowerment and equality in India by analyzing statutes, judgments and debates through a feminist lens. The course is divided into 5 modules covering topics like feminist theory, gender equality and the law, laws related to violence against women, and the limits of law. Students will critically assess how laws have or have not achieved gender justice. The goal is to facilitate discussions on achieving gender justice and equality through legal and non-legal means.

Uploaded by

Akhya gupta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
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School of Law, Governance and Citizenship

Ambedkar University Delhi

Course Outline: FEMINIST JURISPRUDENCE & GENDER JUSTICE

Time Slot-________________

Course Code: SLGC2LP212

Title: FEMINIST JURISPRUDENCE & GENDER JUSTICE

Cohort for which it is compulsory: None

Cohort for which it is elective: MA in Law, Politics and Society

No of Credits: 4

Semester and Year Offered: 3rd Semester for 2nd year students of MA in Law, Politics and
Society (Monsoon Semester 2018)

Course Coordinator and Team: Saumya Uma

Email of course coordinator: [email protected]

Pre-requisites: None

Aim:

Laws related to violence against, harassment of and discrimination of women, are currently
subjects of intense debate, deliberations and discourse. The efficacy and effective
implementation of laws and legal initiatives such as the Muslim family law reform, Uniform
Civil Code, rape law and law prohibiting sexual harassment have predominantly remained
focus areas for such discourses. Feminist jurisprudence, as a philosophy of law based on the
social, economic and political equality of the sexes, exerts a considerable influence on
debates and discourses around the formulation, interpretation and implementation of laws
related to gender based violence and discrimination. It is dedicated to changing women’s
status through a re-working of the law and its approach to gender. Against this backdrop, this
course aims at critically ‘unpacking’ the law and exploring the potential for and limits of
legal transformation in order to achieve gender justice and equality.

A brief description of the Course:

The course offers to examine the potential of law for delivering gender justice, empowerment
and equality. It juxtaposes the myriad laws that claim to protect rights of women, within a
Constitutional framework of right to life with dignity, equality and non-discrimination, with
ground realities of gender-based violence and discrimination, institutional bias and apathy,
and impunity embedded in law. By developing a foundational understanding of feminist
theories, principles and politics, as well as the engagement of the Indian women’s movement
with law, an analysis of the current Indian context is discussed through scholarly writings, an
examination of statutes, judgments, law reform initiatives and discourses on law. While
critically examining normative standards set by law, the course also acknowledges the limits
of law and explores feminist re-imaginations of gender justice through non-state laws.

Although gender is socially constructed, and gender-based violence and discrimination


impacts all genders, this course would largely focus on women. The course is divided into
five modules:

Module 1: Introduction to feminist jurisprudence


Module 2: Gender equality and the law
Module 3: Feminist doctrines and their application to laws on violence against women in
India
Module 4: Gender-based harassment and discrimination
Module 5: Limits of law and re-imagining gender justice

Course Objectives

1. To introduce students to key writings, concepts, principles and discourses in feminist


jurisprudence;
2. To enable the students to critically examine statutes, judgments and discourses on law
through the feminist lens; and
3. To facilitate informed discussions and deliberations among students on law and
gender justice in India.

FEMINIST JURISPRUDENCE & GENDER JUSTICE

Syllabus with list of readings

Judgments for Reference during the Course (Indicative list)

1. Air India and Others v. Nargesh Meerza 1982 SCR (1) 438
2. Apparel Export Promotion Council v. A.K.Chopra AIR 1999 SC 625
3. Arumugam Servai v. State of Tamil Nadu (2011) 6 SCC 405
4. C.B. Muthamma v. Union of India 1979(4)SCC 260
5. Javed and Others v. State of Haryana 2003 (8) SCC 369
6. Lata Singh v. State of UP AIR 2006 SC 2522
7. Mahmood Farooqui v. State (judgment of Delhi High Court on Sep. 25, 2017, available at
http://lobis.nic.in/ddir/dhc/ASK/judgement/25-09-2017/ASK25092017CRLA9442016.pdf)
8. Nyaydhar v. Union of India Ministry of Home Affairs and Others (judgment of the Supreme
Court on Nov. 29, 2017)
9. P.Geetha v. Kerela Livestock Development Board (2015) SCC Online Ker 71
10. Rajesh Sharma v. State of Uttar Pradesh and Another 2017 SCC OnLine SC 821
11. Saroj Rani v. Sudarshan Kumar Chadha AIR 1984 SC 1562
12. Shiv Kumar v. Union of India (Karnataka High Court judgment of 3 February 2014)
13. Smt. Harvinder Kaur v. Harmander Singh Choudhry AIR 1984 Del 66
14. T.Sareetha v. T. Venkata Subbaiah AIR 1983 AP 356
15. Vasantha R v. Union of India and Others 2001 II LLJ 843(Mad) 99
16. Vishakha v. State of Rajasthan (1997) 6 SCC 241
17. Vishwa Lochan Madan v. Union of India (2014) 7 SCC 70
18. V.Revathi v. Union of India and Others (1988) 2 SCC 72

Statutes for Reference during the Course (Indicative list)

1. Constitution of India, 1950 (Jan. 26, 1950)


2. Criminal Law (Amendment) Act (2013), No. 13 of 2013 (Apr. 2, 2013)
3. Criminal Law (Amendment) Ordinance (2018), No. 2 of 2018 (Apr. 21, 2018)
4. Criminal Procedure Code (1973), No. 2 Of 1974 (Jan. 25, 1974)
5. Dissolution Of Muslim Marriages Act (1939), No. VIII of 1939 (Mar. 17, 1939)
6. Equal Remuneration Act (1976), No. 25 of 1976 (Feb. 11, 1976) along with its amendments
7. Guardian and Wards Act (1890), No. 8 of 1890 (Mar. 21, 1890)
8. Immoral Traffic (Prevention) Act (1956), No. 104 of 1956 (Dec. 30, 1956)
9. Indian Evidence Act (1872), No. 1 Of 1872 (Sep. 1, 1872)
10. Indian Penal Code (1860), No. 45 Of 1860 (Oct. 6, 1860)
11. Muslim Women (Protection of Rights on Divorce) Act (1986), No. 25 of 1996 (May 19, 1986)
12. Pre-conception and Pre-natal Diagnostic Techniques Act (1994), No. 57 of 1994 (Sep. 20,
1994) along with its amendments
13. Protection Of Children From Sexual Offences (POCSO) Act (2012), No. 32 of 2012 (June 19,
2012)
14. The Family Courts Act (1984), No. 66 of 1984 (Sep. 14, 1986)
15. The Hindu Marriage Act (1955), No. 25 of 1955 (May 18, 1955)
16. The Juvenile Justice (Care and Protection of Children) Act (2015), No. 2 of 2016 (Dec. 31,
2015)
17. The Maternity Benefit Act (1961), No. 53 of 1961 (Dec. 12, 1961) along with its amendments
18. The Medical Termination of Pregnancy Act (1971), No. 34 of 1971 (Aug. 10, 1971)
19. The Mental Healthcare Act (2017), No. 10 of 2017 (Apr. 7, 2017)
20. The Prohibition of Child Marriage Act (2006), No. 6 of 2007 (Jan. 10, 2007)
21. The Protection of Women From Domestic Violence Act (2005), Act No. 43 Of 2005 (Sep. 13,
2005)
22. The Rights Of Persons With Disabilities Act (2016), Act No. 49 Of 2016 (Dec. 27, 2016).
23. The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Act (1989), No. 33
Of 1989 (Sep. 11, 1989)
24. The Scheduled Castes and The Scheduled Tribes (Prevention Of Atrocities) Amendment Act,
(2015), No. 1 Of 2016 (Dec. 31, 2015)
25. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act
(2013), No. 14 of 2013 (Apr. 22, 2013)

MODULE 1: The first module introduces the students to feminist theory, politics and
jurisprudence. It familiarizes them with basic concepts, major schools
INTRODUCTION TO of feminism, classical and contemporary feminist discourses, and their
FEMINIST linkages with law. The module provides for a close reading of selected
JURISPRUDENCE aspects of classical and path breaking feminist scholarly writings. It also
(Weeks 1,2 & 3) discusses feminist critique of important institutions.

Essential Readings:
 Introduction to
gender, 1. ALISON M JAGGAR, FEMINIST POLITICS AND HUMAN NATURE
patriarchy and (Rowman & Allanheld 1983), Chapters 3-6
feminism 2. MARY WOLLSTONECRAFT, A VINDICATION OF THE RIGHTS OF
 Overview on WOMAN: WITH STRICTURES ON POLITICAL AND MORAL SUBJECTS
schools of 3. SIMONE DE BEAUVOIR, THE SECOND SEX 813-847 (trans. Constance
feminism: liberal, Borde & Sheila Malovany Chevallier, First Vintage Books Edition
radical, socialist, May 2011) (1949).
post-colonial, 4. KATE MILLET, SEXUAL POLITICS 61-87 (University of Illinois Press
Dalit 1969, reprinted 2000).
 Classical and 5. SUSAN BROWNMILLER, AGAINST OUR WILL: MEN, WOMEN, AND
contemporary RAPE 256-282 (Bantam Books 1975).
feminist 6. Catherine MacKinnon, Difference and Dominance, in FEMINISM
discourses: neo- UNMODIFIED: DISCOURSES ON LIFE AND LAW (1987).
liberal, 7. Sharmila Rege, A Dalit Feminist Standpoint, in GENDER AND
governance & CASTE 90-101 (ANUPAMA RAO ED. 2005).
carceral 8. Nancy Fraser, How Feminism became Capitalism’s Handmaiden-
 Feminist critique and How to Reclaim it, in THE GUARDIAN, Oct. 14, 2013, available
of the State, at
family, marriage, https://www.theguardian.com/commentisfree/2013/oct/14/feminism
religion and the -capitalist-handmaiden-neoliberal.
market

Recommended Readings:

1. Chandra Talpade Mohanty, “Under Western Eyes” Revisited:


Feminist Solidarity through Anticapitalist Struggles, 28 SIGNS 499-
535 (2003).
2. Prabha Kotiswaran, Á Bittersweet Moment’: Indian Governance
Feminism and the 2013 Rape Law Reforms’ in Economic &
Political Weekly, Vol. 52, Issue 25-26, 24 June, 2017.
3. Pratiksha Baxi, Çarceral Feminism as Judicial Bias: The
Discontents Around State vs. Mahmood Farooqui, Interdisciplinary
Law, Issue 3, October 2016
4. Catherine Rottenberg, The Rise of Neoliberal Feminism” in
Cultural Studies, Nov. 18, 2013. 1-20, available at
http://www.bgu.ac.il/~rottenbe/The%20rise%20of%20neoliberal%2
0feminism.pdf

MODULE 2: Very often, terms such as ‘gender inclusion’, ‘gender blindness’, ‘gender
neutrality’, ‘gender sensitivity’ and ‘gender mainstreaming’ are used
GENDER EQUALITY without a clear understanding of the distinction between the same. This
& THE LAW module begins by unpacking these terms. A discussion on the concept
(Weeks 4 & 5) of gender justice, and types of and approaches to gender equality seeks
to provide a lens through which both international and Indian normative
standards are examined.

This module would also examine women’s movements’ engagement


with the law in India, thereby providing the student with an
understanding of the context in which conversations and initiatives for
law reform around gender justice have taken place in India. It then
provides an overview of India’s obligations to gender justice under
international law and the Indian Constitution.

Essential Readings:

 Understanding 1. Anca Gheaus , Gender Justice, in Journal of Ethics and Social


gender Philosophy, Vol. 6, No. 1, Jan. 2012, 1-25, available at
terminologies https://jesp.org/index.php/jesp/article/view/60/53
 Concepts of 2. Shampa Dev, ‘Gender Justice in India: A Feminist Jurisprudential
gender justice Perspective’, Tattwa Journal of Philosophy, 2018, Vol. 10, 69-88,
and gender available at
equality journals.christuniversity.in/index.php/tattva/article/download/1786/
 Approaches to 1524
gender equality 3. Marie Powell, ‘A Rights Based Approach to Gender Equality and
 Women in India: Women’s Rights’, Canadian Journal of Development Studies, Vol.
A situational 26, 2005 – Issue sup 1: Gender and Development, 605-617
analysis 4. ‘Towards Equality’ – Report of the Committee on the Status of
 Indian women’s Women in India, Government of India, 1974, available at
movements & http://pldindia.org/wp-content/uploads/2013/04/Towards-Equality-
their engagement 1974-Part-1.pdf, and http://pldindia.org/wp-
with the law content/uploads/2013/04/Towards-Equality-1974-Part-2.pdf
 India’s obligation 5. VIBHUTI PATEL & RADHIKA KAJURIA, POLITICAL FEMINISM IN
to gender justice: INDIA: AN ANALYSIS OF ACTORS, DEBATES AND STRATEGIES
Constitutional (Frederich Ebert Stiftung 2016)
and international 6. Catharine A MacKinnon, ‘Sex Equality under the Constitution of
India: Problems, Prospects and Personal Laws’, International
Journal of Constitutional Law, Volume 4, Issue 2, 1 April 2006,
181–202.

Recommended Readings:

1. Ratna Kapur & Brenda Cossman, ‘On Women, Equality and the
Constitution: Through the Looking Glass of Feminism’ in GENDER
AND POLITICS IN INDIA 197-261 (Nivedita Menon ed., Oxford
University Press 1999)
2. Kalpana Kannabiran, Judicial Meanderings in Patriarchal
Thickets: Litigating Sex Discrimination in India, in WOMEN AND
LAW: CRITICAL FEMINIST PERSPECTIVES 172-204 (KALPANA
KANNABIRAN ed., 2014).
3. Nivedita Menon, ‘In the Wake of the AUD Report’, Mar. 10, 2018,
https://kafila.online/2018/03/10/in-the-wake-of-the-aud-report/
4. Gita Sen & Avanti Mukherjee, ‘No Empowerment without Rights,
No Rights without Politics: Gender-equality, MDGs and the post-
2015 Development Agenda’, Journal of Human Development and
Capabilities, Vol. 15, 2014, Issue 2-3: Special Issue on Millennium
Development Goals, 188-202
5. Jayna Kothari, Gender Justice and India’s Obligations under
International Conventions, Mar. 8, 2013, available at
http://clpr.org.in/gender-justice-and-indias-obligations-under-
international-conventions/
6. Recommendations of High Level Committee on Status of Women
in India headed by Prof. Pam Rajput, 2014.
7. National Policy for Women 2016: Articulating a Vision for
Empowerment of Women (Draft), Ministry of Women and Child
Development, Government of India, May 2016, available at
http://wcd.nic.in/sites/default/files/women%20empowerment%20po
liy_Final_17May.pdf
8. RADHA KUMAR, THE HISTORY OF DOING: AN ILLUSTRATED
ACCOUNT OF MOVEMENTS FOR WOMEN’S RIGHTS AND FEMINISM IN
INDIA, 1800-1990 (Zubaan 1993)

MODULE 3: This module aims at familiarizing the students with feminist doctrines,
concepts and principles, and exploring the application of the same to
FEMINIST statutory laws and judgments on violence against women in India.
DOCTRINES &
THEIR
APPLICATION TO
LAWS ON
VIOLENCE AGAINST
WOMEN IN INDIA
(Weeks 6, 7 & 8)

Essential Readings:
 ‘Good Woman,
Bad Woman’ 1. UPENDRA BAXI, VASUDHA DHAGAMWAR, RAGHUNATH KELKAR
syndrome AND LOTIKA SARKAR, OPEN LETTER TO THE CHIEF JUSTICE OF
 Victimization INDIA, SUPREME COURT IN MATHURA RAPE CASE, Sep. 16 1979.
and agency 2. Flavia Agnes, Protecting Women Against Violence – Review of a
 Consent Decade of Legislation 1980-89, Economic and Political Weekly,
 Lived realities Vol. 27, Issue No. 17, Apr. 25, 1992.
 Intersectionalities 3. Ved Kumari, ‘Gender Analyses of Indian Penal Code’ in (ed),
ENGENDERING LAW - ESSAYS IN HONOUR OF LOTIKA SARKAR
(Amita Dhanda, Archana Parashar eds. 1999, Eastern Book
Company) 139-160
4. Sunita V S Bandewar, Amita Pitre & Lakshmi Lingam, Five Years
Post Nirbhaya: Critical Insights into the Status of Response to
Sexual Assault, in INDIAN JOURNAL OF MEDICAL ETHICS, Mar. 28,
2018, available at http://ijme.in/articles/five-years-post-nirbhaya-
critical-insights-into-the-status-of-response-to-sexual-
assault/?galley=html
5. Kimberle Crenshaw, Mapping the Margins: Intersectionality,
Identity Politics, and Violence against Women of Color, 43
STANFORD L. REV. 1241-99 (1991).
6. Nivedita Menon, Is Feminism about ‘Women’? A Critical View on
Intersectionality from India, INTERNATIONAL VIEWPOINT, 18 MAY
2015, available at
http://www.internationalviewpoint.org/IMG/article_PDF/article_a4
038.pdf.
7. NAISARGI DAVE, QUEER ACTIVISM: A STORY IN THE
ANTHROPOLOGY OF ETHICS 167-204 (Zubaan 2016)
8. Case Studies: Khairlanji, Soni Sori, Bilkis Bano, Kunan Poshpara
& Extra judicial killings in Manipur

Recommended Readings:

1. REPORT OF THE COMMITTEE ON AMENDMENTS TO CRIMINAL LAW


(Jan. 23, 2013), 57-95,
http://www.prsindia.org/uploads/media/Justice%20verma%20com
mittee/js%20verma%20committe%20report.pdf
2. Sohaila Abdulali, ‘I Was Wounded; My Honor Wasn’t - Sohaila
Abdulali’, NEW YORK TIMES, Jan. 7, 2013
http://www.nytimes.com/2013/01/08/opinion/after-being- rapedi-
was-wounded-my-honor-wasnt.html?_r=0
3. Aloysius Irudayam SJ et al, DALIT WOMEN SPEAK OUT: CASTE,
CLASS AND GENDER VIOLENCE IN INDIA 46-66 (2011).
4. Arvind Narrain, Violation of Bodily Integrity: The Delhi Rape Case
Among Others, ECONOMIC AND POLITICAL WEEKLY, Vol. 48, Issue
No. 11, Mar. 16, 2013.

MODULE 4 This module critically examines laws pertaining to discrimination and


harassment, including (but not restricted to) the Uniform Civil Code
GENDER-BASED debate and the discourse around law prohibiting sexual harassment at the
HARASSMENT & workplace. It discusses the relevance and import of feminist doctrines
DISCRIMINATION such as ‘personal is political’ and ‘public - private dichotomy’.
(Weeks 9 & 10)
The final part of this module aims to trigger discussion around the
current context in which due process has come to be discussed and
deliberated upon globally, against the backdrop of ‘Me Too’ campaigns,
‘Lists’ that publically shame alleged sexual harassers, and sexual
harassment laws that are heavily weighed against the respondents, but
also deny justice to the complainants. It examines the meaning and
import of due process and procedural fairness and their relevance for the
legitimacy of laws related to women’s rights. It juxtaposes procedural
fairness with populist and vigilante justice, and examines both through
the prism of feminist principles.

 Understanding Essential Readings:


doctrines:
Personal is 1. Carol Pateman, ‘Feminist Critique of the Public and Private’ in
political, Public- FEMINISM AND EQUALITY 103-123 (A Phillips (ed.)
private 2. Flavia Agnes, Law, Justice and Gender: Family Law and
dichotomy Constitutional Provisions in India, (Oxford University Press
 Debate on the 2011), Chapter 2: Constitutional Claims and Gender Justice.
Uniform Civil 3. Flavia Agnes, ‘Conjugality, Property, Morality and
Code Maintenance’ in Women And Law Critical Feminist Perspectives
 Law to prevent 32-58 (Kalpana Kannabiran ed., Sage Publications 2014)
sexual 4. Flavia Agnes, ‘The Supreme Court, Media and the UCC Debate’
harassment at the in Religion, Power & Violence: Expression of Politics in
workplace Contemporary Times 225-247(Ram Punyani ed., Sage
 ‘Misuse of law’ Publications 2005)
by women 5. Narendra Subramaniam, India Needs to Debate the Components
 Substantive and of a Progressive Uniform Civil Code’, THE WIRE, Oct. 23, 2017
procedural 6. Nivedita Menon, Uniform Civil Code: The Women’s Movement
justice; the Perspective, KAFILA, Oct. 1, 2014
relevance of due 7. Elizabeth Bartholet, Nancy Gertner, Janet Halley & Jeannie Suk
process Gersen, Fairness For All Students Under Title IX (Aug. 21,
2017), available at http://nrs.harvard.edu/urn-
3:HUL.InstRepos:33789434

Recommended Readings:

1. Saptarshi Mandal, ‘Do Personal Laws Get Their Authority from


Religion or the State – Revisiting Constitutional Status’, in
Economic & Political Weekly, Vol. 51, Issue No. 50, Dec. 10,
2016
2. LOTIKA SARKAR, WOMEN AND THE LAW (undated), available at
http://feministlawarchives.pldindia.org/wp-
content/uploads/33.pdf

MODULE 5 The last module examines the prospects of gender justice within state
and non-state laws and mechanisms for legal redress. It discusses the
LIMITS OF LAW & limits of law and feminist re-imaginations of gender justice.
RE-IMAGINING
GENDER JUSTICE It draws upon the discourse on homogenous laws versus plural laws, the
(Weeks 11 & 12) Feminist Judgment Project initiative, and discussion of non-state and
alternative dispute resolution mechanisms for women, examining the
transformation of feminist knowledge into praxis, and raising questions
of access to justice, legitimacy and effectiveness of non-state
mechanisms for grievance redress for advancing gender justice.

Essential Readings:

 Limits of law
 Access to Justice 1. Erika Rackley, ‘The Art and Craft of Writing Judgments: Notes on
for Women the Feminist Judgments Project’ in FEMINIST JUDGMENTS:
 Feminist FROM THEORY TO PRACTICE (Rosemary Hunter et al, eds.
Judgment Project 2010)
 Non-state 2. Sylvia Vatuk, ‘The “Women’s Court” in India: An Alternative
Mechanisms for Dispute Resolution Body for Women in Distress’, in The Journal of
Justice for Legal Pluralism and Unofficial Law, Vol. 45, 2013, Issue 1, 76-103
Women in India 3. Nandita Haksar, 1999. Human Rights Lawyering: A Feminist
Perspective, in ENGENDERING LAW: ESSAYS IN HONOUR OFLOTIKA
SARKAR (Amita Dhanda & Archana Parashar eds., Eastern Book
Company 1999).
4. Saumya Uma, ‘Access to Justice for Women: From Obligations to
Outcomes’, National Law University Odisha (NLUO) Law Journal
– Special Issue on ‘Access to Justice’, Vol. II, Issue 1, August 2015,
116-134

Recommended Readings:

1. Ritupriya Gurtoo, ‘Khap Panchayats in Relation to Women’s


Human Rights: Indian Perspective’, Journal of Legal Studies and
Research, Vol. 2, Issue 2, April 2016,
http://jlsr.thelawbrigade.com/wp-
content/uploads/2016/04/Ritupriya.pdf
2. Sabiha Hussain, Shariat Courts and Women’s Rights in India,
Centre for Women’s Development Studies
http://www.cwds.ac.in/ocpaper/shariatcourts-sabiha-ocpaper.pdf

Background Books

The following books provide useful overviews of the field, and the course draws upon
portions of some of these books as part of the syllabus.
1. KALAPANA KANNABIRAN ed., WOMEN AND LAW: CRITICAL FEMINIST PERSPECTIVES
(Sage Publications 2014).
2. AMITA DHANDA AND ARCHANA PARASHAR eds., ENGENDERING LAW: ESSAYS IN
HONOUR OF LOTIKA SARKAR (Eastern Book Company 1999).
3. FLAVIA AGNES, LAW AND GENDER INEQUALITY: THE POLITICS OF WOMEN’S RIGHTS IN
INDIA (Oxford University Press 2004).

Assessment Methodology:
Assessment methodology will consist of a combination of oral and written assignments for
evaluation, the rough break up of which is as follows:

 Response essay / critical reading and analysis of a judgment or statute: 30 marks


 Field work-based written assignment & oral presentation: 30 marks *
 Debate (oral + written submission): 30 marks**
 Class participation: 10 marks

*The field work would be devised in a manner so as to expose the students to ground realities
of underprivileged women’s lives, inter-sectional vulnerabilities they face, the role of law in
addressing the same as well as the women’s access to justice.
** The debate would draw upon the research, analysis, reasoning, oratory and written skills
of students on a popular issue such as the Uniform Civil Code, the need for stringent laws to
address violence against women, women as victims of oppression versus agents of change, or
women’s reservation in the Parliament.

*******************

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