The Legal Edge

Understanding Feminist Theory Feminist theory seeks to understand the nature and motives behind gender inequality by examining the socio-political and economic roles of men and women in society. It advocates for removing barriers to women’s advancement and for implementing policies that promote equal rights for women. Historical Roots of Feminism The first national gathering of American feminists at Seneca Falls, New York, in 1848, marked the identification of law as an instrument of male supremacy. Feminist movements have since focused on critiquing the law as a means to eradicate legal sexism and other discriminatory practices. Key Concerns of Feminist Jurisprudence :Feminist jurists address the “woman question” by examining the gender implications of laws, rules, and practices. Feminists perceive policies and decisions dominated by men as mechanisms that disadvantage women. Feminist theorists distrust the law’s form and content, citing two main reasons: Male Bias: Conventional legal...

Violence against women and girls is one of the world’s most prevalent human rights violations, taking place every day, many times over, in every corner of the globe. It has serious short- and long-term physical, economic, and psychological consequences on women and girls, preventing their full and equal participation in society. The magnitude of its impact, both in the lives of individuals and families and society as a whole, is immeasurable. Conditions created by the pandemic – including lockdowns, reduced mobility, heightened isolation, stress and economic uncertainty – have led to an alarming spike in domestic violence and have further exposed women and girls to other forms of violence, from child marriage to sexual harassment online. Legal Framework - Article 45- Establishes the family as the basic unit of society and a foundation of social order. - Articles 28 & 29: Affirm the dignity, freedom, and security of every individual. These articles, as read together with other provi...

The judiciary is taking a major step forward in handling gender-based violence (GBV) and other gender justice cases. The newly introduced Practice Directions for Management of Gender Justice Cases, 2024 outline a structured approach to ensure fairness, efficiency, and victim-centered justice. These guidelines are a response to the growing need for specialized legal frameworks that address gender justice with sensitivity and effectiveness. Why These Practice Directions Matter Gender justice cases involve complex and sensitive issues, often requiring courts to balance victims’ rights, fair trial principles, and the pursuit of justice. The new practice directions aim to: Enhance victim protection by ensuring privacy, dignity, and safety in court proceedings. Speed up case resolution to minimize delays that may retraumatize victims. Establish Gender Justice Courts with specialized judges and staff trained in handling gender-related cases. Ensure compliance with international standards on g...