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TAMIL NADU NATIONAL LAW UNIVERSITY

(A University established under the Tamil Nadu Act No. 9 of 2012)


Dindigul Main Road, Navalur Kuttapattu
Tiruchirappalli 620 027
[
Tamil Nadu, India

B.A. LL.B. (H) / B.COM. LL.B. (H)


COURSE SYLLABUS

GENDER JUSTICE AND FEMINISM

Course Objectives

 To provide an introduction to the concrete legal contexts in which issues of gender


and justice have been articulated, disputed and resolved.
 To acquire the ability to apply the knowledge to various situations in actual practice
such as cases and projects that focuses on a variety of issues relating to gender justice.
These include, for example: intimate partner violence, so-called “honour” crimes,
gender violence in schools, violations of women’s property and inheritance rights,
gender stereotyping and discrimination etc.
 To develop critical human rights lawyering skills, learn to be effective and thoughtful
advocates, and contribute to advance global gender justice at home and around the
world.

Learning Outcomes

● Critical thinking about existing gender related laws and practices


● Develop human rights lawyering skills including advocacy
● Better understanding of various means for community mobilization for attaining
gender equality.
● Develop gender sensitive thinking, practice and outlook

Teaching Methods

● Lectures on introductory concepts


● Groups discussion on various topics and on student response papers
● In class debates on contemporary topics
● Class participatory activities like poster making and group problem solving

Introduction, Construction and Perceptions of Gender Justice MODULE 1

Gender Justice- Concept and Significance, Sex, Gender & Sexuality- Construction of the
terms, Gender asymmetry in the society, Social construction of gender and gender roles,
Gender- Social & Legal Prescriptive in India, Constitutional Perspectives, inter relationship
of social justice and gender justice, judicial approaches to equality.
Gender and Work MODULE 2

Sex and Sexual Orientation-based Discrimination in the Workplace, Relevant Industrial


Legislations, Professional ethics at workplace, Sexual Harassment of Women at Workplace,
Transgender Discrimination in the Workplace, Sex work and its decriminalization.

Gendering Private and Public Rights MODULE 3

Gender and Property, Treatment of personal Laws


Gender and Human Rights, Women and Violence, Participatory Role of Women in
Governance, Women’s Rights- Enforcement mechanism, Role of National Commissions,
Role of Police, prosecutors & judiciary, Role of Civil society & feminist groups

Gendering Violence and Trauma MODULE 4

Sex and sexuality, Women and Violence- Sexual and Non Sexual Assaults, victimization and
victim compensation schemes, Indian Penal Code 1860; Rape Laws, Adultery, Immoral
Traffic Prevention Act 1956 read with section 370 IPC, Indecent Representation of Women
(Prohibition) Act, 1986.

International Instruments on Gender Justice MODULE 5

Gender Justice and India’s obligations under International Law (UDHR, ICCPR, ICESCR,
CEDAW etc), Gender Justice and International Criminal Court.

Essential Readings

1. SarlaGopalan, Towards Equality: The Unfinished Agenda: Status of Women in


India(National Commission for Women 2001).
2. Amita Dhanda &Archana Parashar, Engendering Law: Essays in Honour of Lotika
Sarkar (Eastern Book Company 1999).
3. Ratna Kapur and Brenda Cossman, Subversive Sites: Feminist Engagements with
Law in India (SAGE Publications Pvt. Ltd. 1996).
4. Department of Social Welfare, Towards Equality: Report of the Committee of Status
of Women in India(Government of India 1974).
5. Kalapana Kannabhiran, Women and Law: Critical Feminist Perspectives (1stedn.,
SAGE Publications India 2014).
6. UshaTandon ,Gender Justice: A reality or fragile myth? (Bio Green Books 2015).
7. Born Free and Equal: Sexual Orientation and Gender Identity in International
Human Rights Law (HR/PUB/12/06,UN Human Rights Office of the High
Commissioner 2012).
Additional Readings

1. Kamla Bhasin, What is Patriarchy?(Kali for Women 1993).


2. Kamala Sankaran, ‘Family, Work and Matrimonial Property: Implications for Women
and Children’, in Archana Parashar and Amita Dhanda (eds) Towards an Inclusive
Family Law, Essays in Honour of Professor Sivaramayya (Routledge 2008).
3. Alison M. Jaggar, Living with Contradictions: Controversies in Feminist Social
Ethics (1stedn., Westview Press 1994).
4. Flavia Agnes, ‘Conjugality, Property, Morality and Maintenance’ in
KalapanaKannabhiran (ed), Women and Law: Critical Feminist Perspectives (Sage
Publications India 2014).
5. Usha Tandon, ‘Gender Bias in the Property Rights of Women under Hindu
Law’(2000) XXII Delhi Law Review 163.
6. Kamala Sankaran, ‘Women, Work and Empowerment’ in Anjali Gandhi (ed),
Women’s Work, Health and Empowerment (Aakar Books 2006)
List of Cases
1. National Legal Services Authority v. Union of India, [(2014) 1 SCC 1]
2. C.B. Muthamma v. Union of India, 1979(4)SCC 260
3. Air India and others v. NergeshMeerza, 1982 SCR (1) 438
4. Sujata Sharma v. Manu Gupta, 2015 SCC Online Del 14424
5. Richa Mishra v. State of Chhattisgarh, (2016) 4 SCC 179
6. CharuKhurana v. UOI, AIR 2015 SC 839.
7. Municipal Corporation of Delhi v. Female Workers (Muster Roll) and Another,
(2000) 3 SCC 224.
8. Sabu Mathew George v. Union Of India & Ors., AIR 2018 SC 578.
9. VinodSoni v. UOI, 2005 Cri LJ 3408.
10. S.R. Batra and Anr v. TarunaBatra, AIR 2007 SC 1118
11. D Velusamy v. D Patchaiammal, AIR 2011 SC 479.
12. Hiral P. HarsoraAnd Ors v. Kusum NarottamdasHarsora¸ 2016 SCC Online SC
1118.
13. All India Democratic Women's Association and JanwadiSamiti v. Union of India &
Ors., 1989 SCR (2) 66.
14. Vishal Jeet v. UOI, 1990 SCR (2) 861
15. Naz Foundation Trust v. Suresh Kumar Koushal and Ors., 2016 (2) SCALE 553.
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