Feminist Jurisprudence in India - Law, Representation, and the Struggle for Equality

Shashi Poonam; Rajinder Verma

Feminist Jurisprudence in India - Law, Representation, and the Struggle for Equality

Author(s)	Shashi Poonam, Prof. Dr. Rajinder Verma
Country	India
Abstract	Feminist jurisprudence in India exposes the structural exclusion of women from positions of power and influence across law, legislature, and society. Despite constitutional guarantees of equality, women remain underrepresented in legislative bodies, judicial appointments, and decision-making institutions, reflecting the persistence of patriarchal norms. In the legal sphere, while progressive statutes exist, the absence of women’s voices in drafting and interpreting laws perpetuates gender bias. In legislatures, token representation and limited political participation hinder substantive policy change, reinforcing male-dominated governance. Within society, cultural traditions and socio-economic barriers restrict women’s access to education, employment, and leadership, thereby weakening their capacity to shape public discourse. Feminist jurisprudence critiques these systemic failures and calls for transformative reforms—such as gender-sensitive legal interpretation, affirmative action in political representation, and dismantling of patriarchal social structures. Addressing these problems requires not only legal innovation but also a reimagining of justice that situates women as equal agents in shaping law, governance, and society. Thus, feminist jurisprudence is both a critique of existing inadequacies and a vision for a more inclusive democratic order. Supreme Court on ‘Marital Rape Exception’ recently gave wings to the ‘feminist’ approach of India- • The Court revisited the marital rape exception under Section 375 of the IPC. • While not fully striking it down, the judgment emphasized that consent is central to sexual autonomy, marking a feminist shift in judicial reasoning. • This case highlighted the tension between tradition and constitutional guarantees of dignity and equality.
Keywords	Feminist Jurisprudence, Gender Justice, Patriarchy and Law, Women’s Rights in India, Constitutional Equality, Representation of Women in Legislature, Judicial Interpretation of Gender
Field	Sociology > Administration / Law / Management
Published In	Volume 8, Issue 2, March-April 2026
Published On	2026-03-30

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Feminist Jurisprudence in India - Law, Representation, and the Struggle for Equality

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