Role of Women in Nation Development (Book of Conference Proceedings of NIT Jamshedpur 2020) ISBN- 978-81-948050-4-5

Authors: Taniya Banerjee

Abstract: The Supreme Court relies on formal equality theory. Still, since the Constitution mentions "special" provisions for women and other historically disenfranchised groups, the Court has adopted a substantive equality model that recognizes differences between men and women and enhances the unequal consequences of those differences. But laws have been androcentric since its existence. It took so many years of the judiciary to reflect on women's issues reveal women's negation from the law's ambit. This paper argues that law can become a tool of empowerment as well as an obstruction for women. To put the women’s issues on the front, it is necessary to represent the women's community who have specialized knowledge of circumstances that may help interpret a case. A contextual understanding of any event is essential for bringing in a feminist judgment. Laws are generally based on common knowledge, which is structured through social norms. A contextual understanding of law reveals how a particular rule is inapplicable in every sphere of judgment. Laws reflect society, and since it involves spaces of patriarchal notions, women have often been reluctant to raise their voices in such areas. The process of the court procedures, filing a case, etc., involves a tedious and monetary aspect, which has led many women to stay outside India's legal arena.

Keywords: Feminist judgement, Empowerment, Contextual understanding, Government, Law.