Published April 29, 2024
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A Jurisprudential Analysis: Exploring Indian Judiciary's Approach to Legal Feminism from Hands-Off to Protective and then to Progressive
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1.
NIMS University
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2.
National Law University and Judicial Academy
Description
Judiciary adopts different approaches to interpret the law for cases at hand based on legislations, evolving societal norms, changing conceptions of equality, and its societal impacts. Therefore, to be cognizant of the catalysts of transition of jurisprudence in the legal feminism in India, one needs to study the approach adopted by the Indian Judiciary in its judgments and the fundamental shift in the view of judiciary from non-intervention to protectionist and then to progressiveness. This research work gives an in-depth understanding to the paradigm shift which is being observed in the approach of judiciary from hands-off to protectionist approach in cases of personal laws and gender blind spots. But recently it has been observed that judges have worn a much progressive robe in cases involving women rights and gender justice, and the effects of this progressive approach of judiciary has been observed in matters relating to the rights of a rape victim and rights relating to equality in work environment etc.
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References
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