From Empowerment to Protectionism : positioning judiciary in the Iintersections of gender and religion

Shinde, Sheetal Narayanrao (2025) From Empowerment to Protectionism : positioning judiciary in the Iintersections of gender and religion. Social Change. ISSN 0049-0857

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Abstract

The gender justice jurisprudence in India is posited at two extremities—protectionism and empowerment. The Supreme Court (SC) has delivered many landmark decisions celebrating the empowerment perspective. But when the issue lies at the intersection of gender and religion, the tone of the SC becomes protectionist in nature. The protectionist approach works at three levels. First, the court treats all women equally, whitewashing their inherent non-homogeneity and imposing equality in deeply unequal circumstances. Second, the degree of protectionism differs based on which religion is under scrutiny. Third, women’s rights are seen as against male privilege, excluding the possibility that women may not want to be equal to men. ‘Being equal to man’ recognises that ‘being man’ is the highest achievable status. The perspective piece argues that there is no need to create an all-men world by making women equal to men. Rather, the self-worth of a woman needs to be recognised free of a ‘male yardstick’, which might usher in true empowerment.

Item Type: Article
Subjects: Social Sciences and humanities > Social Sciences > Gender Studies
Social Sciences and humanities > Social Sciences > Human Rights
Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Gautam Kumar
Date Deposited: 16 Sep 2025 11:05
Last Modified: 16 Sep 2025 11:05
Official URL: https://doi.org/10.1177/00490857251355034
URI: https://pure.jgu.edu.in/id/eprint/10121

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