Definition of Patriarchal Society
Describes a structure between men & women in which men hold power over women
generally. Society is the entirely of relations of a community of caste, creed,
culture, religion, sex, the ideology of elders, myths e.t.c. A patriarchal
society consists of males, elder males & elder women dominating power among
relationships in societies, structured throughout organized well-maintained
society and in individual relationships. Earlier as well as of now there is also
a hierarchy among older men who had power over the younger generation of men. In
modern patriarchal society.
Patriarchy
Patriarchy means men dominated the other men through possession, power, older
members in the society to dominate the younger males by their rituals & cultures
followed by them. Some men hold more power (and privilege) by virtue of the
position of authority and which they dominate this hierarchy of powers is
considerable, acceptable & maintainable by society. Social structures and the
individuals within them create and reproduce inequalities linked to sex, race,
class, religion, ethnicity, and other
differences.
Individuals living in the
today’s world are encouraged to believe that (only) white men are fully human
beings; and because (only) white men are a fully human being, society is
organized around their needs, the reality is seen from their perspectives only,
their attributes are seen as most valuable and productive, and they (naturally)
dominate politics and culture in the society. patriarchy is such a system in
society & government both thinks the men hold the power & run it wisely where
they exclude women but due to the equality in law they were slightly backward in
there thinking but it is followed as well as of in today's world to not bring
women's on a workplace because they think it is not the place where women's
belongs to. Many Sociologists focus on the social stratification of groups."
Sociological perspectives on the social structures and forces causing
group-based inequalities can help us understand how the legal procedure will
work on society.
Feminist Jurisprudence on Patriarchy
Feminist theories have expanded the definition of a patriarchal society to
describe a systematic bias against women and female leaders in society. they
were, also of course, concerned whether that was uncommon in society. More
significant, however, the way society perceived women in power as an exception
to a collectively held view of women’s role in society. feminist jurisprudence
law based on economic, political & social equality of sexes.
Rather than saying
that individual men oppressed women, most feminists saw that oppressed women
came from the underlying bias of a patriarchal society, Every feminist thinks &
believes that history was written by the male's ideology & their point of view,
there is no involvement of women’s role in making history & structuring the
society.
Patriarchy encourages men to seek security, status, and other rewards through
control to fear other men's ability to control and harm them and to identify
being in control as both their best defense against loss and humiliation and the
surest route to what they need and desire for it. In this sense, although they
usually think of patriarchy in terms of women and men, it is more about what
goes on among men’s thinking in a society.
The oppression of women is certainly an important part of the patriarchal form
of the system, but, paradoxically, it may not be the point of patriarchy. All
Feminists are highly critical of how the various instruments of patriarchy
impact adversely upon women.
For example, feminists claim that marriage works in
favor of the husband because he gains an unpaid servant to take care of both his
conjugal needs and the upkeep of the home.
The exploitation of women within a marriage reflects deeper structural
inequalities within a male-dominated society. All feminists share the belief
that "women are oppressed or disadvantaged in comparison with men and that their
oppression is in some way illegitimate or unjustified. The intellectual guiding
force behind the current women’s movement is feminism which produced special
knowledge in every field such as feminist sociology, feminist philosophy,
feminist history, including feminist jurisprudence.
Feminist jurisprudence is a natural extension namely law and justice.
Law-related strategies have played an important role in the campaigns of women’s
organizations to achieve greater equality and social justice. The feminist
belief that law in constructing, maintaining, reinforcing, communicating and
perpetuating patriarchy and it looks at ways in which this patriarchy can be
undermined and ultimately eliminated.
The feminist inquiry into law concentrates on the following issues:
- Examination of legal concepts, rules, doctrines, and processes with
reference to women’s experiences.
- Examination of the underlying assumptions of law based in male-female
and ostensibly gender-neutral distinctions.
- Examination of mismatch, distortion or denial created by the difference
between women’s life experience and the laws assumption or imposed
structures.
- Patriarchal interest served by the mismatch.
- Reforms to be made in the law to eliminate patriarchal influences.
Â
Feminism into four schools, namely, liberal, radical, cultural and postmodern
and the early theme and pursuit of feminists about the law was equality.
feminist jurisprudence is the study of the construction and workings of the law
from perspectives that foreground the implications of the law for women and
women's lives.
This study includes law as a theoretical enterprise as well as
its practical and concrete effects on women's lives. Further, it includes law as
an academic discipline, and thus incorporates concerns regarding pedagogy and
the influence of teachers.
Conclusion:
My research over the feminist jurisprudence in a patriarchal society is being
amazing & I am learned many things about the male dominating society over
females. As we reach the turn of the century, feminism seems to be at an
impasse. Young women agree that women should receive equal pay and equal
treatment as workers, but many insist that they are not feminists. I outline a
variation on cultural feminism I call "relational feminism." This approach
offers benefits to all members of society, not just women only. Human beings,
whether men, women, or children, do not flourish when hyper-masculinity is
glorified and traditionally feminine qualities (such as care, caretaking, and
valuing relationships) are denigrated.
Not all human beings flourish when all
males are pressured to adopt hypermasculine attributes and repress feminine
ones, and all females are pressured to adopt traditionally feminine attributes
and repress masculine ones. Relational feminism has the potential to improve
life for many people, not just women.
Case Laws
some of the cases which leads to drastic changes in ideologies of jurists,
society upon feminist jurisprudence:
Vishaka Vs State of Rajasthan
Bhanwari Devi, a social worker from Rajasthan, was brutally gang-raped by five
men for preventing child marriage. Determined to seek justice, she decided to go
to court. In a shocking decision, the trial court acquitted all five accused.
Vishaka, a Group for Women’s Education and Research, took up the cause of
Bhanwari Devi. It joined forces with four other women’s organizations and filed
a petition before the Supreme Court of India on the issue of sexual harassment
at the workplace. On August 13, 1997, the Supreme Court commissioned the Vishaka
guidelines that defined sexual harassment and put the onus on the employers to
provide a safe working environment for women.
Â
Lata Singh Vs State of Uttar Pradesh
Lata Singh was an adult when she left her family home to be joined in matrimony
with a man from a lower caste. Her brothers, who were unhappy with the alliance,
filed a missing person report, and alleged Lata had been abducted. This resulted
in the arrest of three people from her husband's family. In order to get the
charges dropped, Lata Singh filed a petition which resulted in the landmark
judgment by the Supreme Court that allowed an adult woman the right to marry or
live with anyone of her choice. The court further ordered that the police
initiate criminal action against people who commit violence.
Â
Laxmi Vs Union Of India In 2006
Laxmi, an acid attack victim, filed a petition seeking measures to regulate the
sale of acid and provide adequate compensation to the victim. Taking cognizance
of the number of cases relating to acid attacks against women on the rise, the
Supreme Court imposed stringent regulations on the sale of acid in 2013. The
ruling banned over the counter sale of acid. Dealers can sell the acid only if
the buyer provides a valid identity proof and states the need for the purchase.
It is mandatory for the dealer to submit the details of the sale within three
days to the police. It also made it illegal to sell acid to a person below 18
years.
Â
Centre for Enquiry into Health and Allied Themes (CEHAT) Vs Union of India
With the advent of pre-natal diagnostic techniques that could determine the sex
of a fetus, the growing trend of aborting female fetuses was observed. In a bid
to curtail female feticide, the government of India issued the PNDT Act in 1996.
The provisions of the PNDT Act, however, were not being effectively implemented
by the state and central government. The Centre for Enquiry into Health and
Allied themes filed a petition which led to the Supreme court directed the
Central and State governments to enact the provisions of the act immediately and
banned all advertisements relating to pre-natal sex determination schemes.
Please Drop Your Comments