If the Supreme Court would have expanded the definition and the interpretation of sexual assaults in the year 2004 itself, the victims in the coming years would have an adequate redressal system, says the author.
Author
Akshita Aggarwal, Student, Jindal Global Law School, O.P. Jindal Global University, Sonipat, Haryana, India.
Summary
Feminist judgements and its jurisprudence is a philosophy which encapsulates equality between the sexes. The different approaches allow them to advocate gender neutral laws. The judiciary governance traditionally has not taken consideration of the feminist view of equal autonomy, selfhood, and bodily choices.
The legislation, being a majority filled with men, have adjudicated laws from a male point which has and has been restricting women’s basic rights of freedom and protection of their own body.
A horrific crime as rape, has been in various legislations and judgements defined from the patriarchal view. Feminists according to Catherine Mackinnon view rape either as an action of violence or/and articulation of men’s sexuality.
Published in: Indian Journal of Law and Legal Research
To read the full article, please click here.
