About postmodern feminism and the law: A postmodern feminist critique of the indecent representation of women (Prohibition) Act, 1986

Khanna, Vandita (2017) About postmodern feminism and the law: A postmodern feminist critique of the indecent representation of women (Prohibition) Act, 1986. NALSAR Student Law Review, 12. pp. 59-72. ISSN 0975-0216

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This essay attempts to analyze section 2(c) of the Indecent Representation of Women (Prohibition) Act, 1986 through the lens of postmodern feminism. The theoretical tool of postmodern feminism provides the author with a framework to unearth how the Act contributes to existing legal discourse in producing and legitimizing the cultural construct of women whose sexuality it subsequently seeks to regulate. The essay challenges the unwitting validation of constructed binaries, of culture/nature, mind/body, gender/sex, male/female, masculine/feminine, through the violence of legal rules that have far-reaching implications beyond the parties present before it; law not only governs those whose claims are being adjudicated upon directly, but it also provides tools of sexual negotiation and regulation in molding identities outside the courtroom. In deconstructing the representation of a woman to that of a body, the essay investigates the materiality of the body that the regulatory sexual regime, through the instance of the law, seeks to rigidify. Further, the author attempts to unpack visages of paternalism in the provision and unmask a theorized male gaze that only views women's bodily representation as instrumental to something paradoxically, ascribing instrumental power to bodies and simultaneously denying female agency. The essay finally addresses a concern that demands prohibition on a form of representation of women, and proposes an adjustment rooted in a nuanced understanding of consent and privacy rights that shifts the focal lens from that of the allure of a universal Woman to individual representations.

Item Type: Article
Keywords: Feminism | Law | Woman | Sex
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Amees Mohammad
Date Deposited: 10 May 2022 03:50
Last Modified: 10 May 2022 03:50
URI: https://pure.jgu.edu.in/id/eprint/2948


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