II YEAR Semester - IV (2021-2026)

1st-Internal Assessment

Jurisprudence (Legal Theory):

Research Article

“We are either going to have a future where women lead the
way to make peace with the Earth or we are not going to
have a human future at all” – Vandana Shiva

NAME: Ananya Ahuja DIVISION: A

PRN: 21010126010 COURSE: B.B.A. LL.B.

(H)
BATCH: 2021-2026

WORD COUNT: 4912

SUBMITTED TO: Prof. Akshara Mehla

DATE OF SUBMISSION: 25th February 2023

A Jurisprudential Analysis of
Linkages Between Gender and The Environment

ABSTRACT

Ecofeminism is a female ideology that explores the intersection of sex and environmental
concerns. Therefore, this paradigm investigates the ties between environmental oppression
and sexism, such as the common belief that women and the natural world are objects to be
owned, controlled, and appreciated most when in the hands of a patriarchal authority figure.

This essay explores a feminist and eco-philosophical legal theory. In this essay, the author
contends that humans are not ontologically distinct from the rest of nature but rather coexist
in intricate webs of interdependence with those around them. To this end, the author will first
1) detail how modern institutions like law and science have contributed to the eco-social
crisis by seeking to dialectically impose mastery and control over nature and women, and 2)
use current jurisprudential principles and topics to draw attention to these problems and
propose solutions.

The Author’s argument is that the law is a framework that can help or hurt the spread of
ecological ideas and that ecofeminism can add to environmental philosophies and feminist
law that seek to make positive changes in the world.

Keywords: Ecofeminism, Feminist Perspective, Eco-Social Crisis, Jurisprudential

Principles, Innovative Submissions
 INTRODUCTION

Ecofeminism is a political and ideological movement that views global warming, gender
equity, and societal injustice as interconnected problems that can be traced back to men's
historical and cultural dominance. Specifically, ecofeminism asserts that the worldwide
priority of male qualities (especially those some would regard as poisonous, like violence and
control) and those in power who represent these characteristics is to blame for most
environmental problems.

That women suffer excessively as a result of environmental problems is another point

brought up by ecofeminism. A United Nations study found that women are more likely to be
moved by climate change and to have to journey further to access resources like water as arid
seasons stretch because they typically hold less monetary wealth and depend more on the
natural environment. Scientific studies have also shown that females are more sensitive to the
effects of radioactivity than males.

Since its official inception in the middle of the 1800s, feminism has undergone numerous
transformations and revivals across a variety of eras. Feminists have begun to see the
connections between the fight for gender equality and the fight to preserve the ecosystem as
both movements have gained momentum in recent decades.

In 1974, French feminist Françoise d'Eaubonne created the word "ecofeminism" to describe
her movement. She argues that the degradation of the natural world is directly related to the
marginalisation and abuse of women, people of colour, and the impoverished, all of which
stem from patriarchal power structures.

Ecofeminism is an ideology that has been studied and supported by an increasing number of
people over the years. The movement has been spearheaded by many influential women,
including Vandana Shiva (who established the Research Center for Science, Technology, and
Ecology) and Carolyn Merchant (who wrote Mortality of Nature: Women, Ecology, and the
Scientific Revolution). Val Blumwood, Greta Gaard, and Susan Griffin are just a few other
notable examples.

Concerns about women's disproportionate impact on environmental problems and the

impending climate catastrophe deteriorating as a result of capitalist objectives have been at
the forefront of the conversation about the inextricable relationship between gender and the
environment for years. High-profile incidents like Love Canal in the United States, the
Chipko Movement in India, Ecofeminism in Pakistan, and others have pushed the problem to
the forefront.

This article will examine a selection of significant environmental organisations in India, with
a focus on the contributions made by women in those movements. This study will use
Foucault's theory of speech, knowledge, and power as a lens through which to view the
subject at hand. In this article, we'll look at how internalisation and othering impact women
and the natural world. We'll also talk about how scientific evidence and impartial analysis
have influenced the conversation thus far.

CRITICAL ANALYSIS

HOW GENDER & THE ENVIRONMENT ARE INTERNSICALY

LINKED

Women around the world work multiple jobs to support their families and keep the planet
habitable. Gender power dynamics, however, mean that their insights are frequently
disregarded, and they are not recognised as influential change agents. Therefore, it is
important to conduct a gender analysis of environmental management, considering how men
and women differ in their access to and use of natural resources (such as water, woods, and
land) and in their usage of services and products (such as transportation and groceries)
(pollution, chemicals, loss of biodiversity, etc). In order to effectively control the ecosystem,
both sexes should play active roles in policymaking and decision-making. Recognizing that
women and men are not monolithic groups is crucial when discussing gender in the setting of
the environment. Different factors, such as age, socioeconomic status, race/ethnicity/religion,
sexual preference, and place of residence, all play a role in shaping the nature of the
relationships between women and males and their physical surroundings. Participation,
requirements assessment, and programme development all need to take this complexity into
consideration.

In his work, The Battle for Nature Protection, Gifford Picot lauded the contributions of
female conservationists. Women's rights and environmental protection through the ages. The
second tacitly acknowledges this but insists that women must remain powerless to maintain
these qualities for the benefit of men during Victoria's era of purity, patience, self-sacrifice,
and spirit (if given the vote for fallen political life and so should in which these qualities are
formed to a context of power). In the modern environmentally conscious view, women are
credited with several positive traits, including the ability to procreate and care for others. An
"angel in the environment" narrative is substituted for the traditional "angel in the home"
narrative.

Relevant Examples in Specific Areas

A gender analysis is relevant in all areas of environmental work. Below are some examples.

Chemicals and Pollution

The separation of labour in the public and private spheres affects the likelihood that women
and men will be exposed to hazardous substances. For instance, while males are more likely
to work in the waged mining sector and be subjected to toxic mining chemicals, women are
more likely to be exposed to herbicides through non waged farming activities. Due to their
greater involvement in domestic duties, women are more likely to come into contact with
potentially harmful substances like those found in cleaning supplies, personal care items,
herbicides, and even construction materials. Reusing vessels from pesticides presents another
danger that could have serious effects on human health. Due to greater exposure to smoke
from cooking and heating, women in rural regions are disproportionately harmed by interior
pollution1. Chemicals and indoor air pollution from solid fuel use in the home are two major
sources of danger in metropolitan regions. More than 80% of the illnesses routinely reported
to the WHO have an environmental risk factor as a contributing factor. About 2 million
fatalities a year are attributed to black carbon, mostly women and children in the world's
poorest areas because of inefficient combustion of biomass in poorly ventilated houses2.

Waste management

Disposal of waste has alarming worldwide repercussions for the ecosystem. This is especially
true in the urban regions of the developing world, where the impacts of things like dumpsites
on the environment and people's health can be seen visibly 3. Waste disposal is an area where

1
WHO: Women and Health (2009)
2
UNDP: Gender & Environment resources: Chemicals and Gender (2011)
3
Sankoh, Yan & Tran: Environmental and Health Impact of Solid Waste Disposal in Developing Cities: A Case
Study of Granville Brook Dumpsite, Freetown, Sierra Leone. Journal of Environmental Protection no 4 (2013)
women and males vary, both in their personal lives and in the workplace. Women do most of
the unpaid labour involved in managing household garbage, but males typically take over
when the task is mechanised (through the use of carts or transportation tricycles, for example)
and also compensated for4, although much of the developed world's garbage is gathered,
sorted, recycled, and sold mechanically, this is not the case in many nations with less-
developed economies. In many nations, women make up the majority of refuse pickers (up to
80% in some Indian towns)5.

Livelihoods, Agriculture and Fishing

Depending on the area, women farmers in underdeveloped nations are responsible for
anywhere between 45 and 80 percent of the country's food supply6. By virtue of their roles as
food producers, fuel gatherers, and primary caretakers, women and girls are intrinsically
linked to their local ecosystems and their communities' natural resources. They also gain
unique expertise in areas like plant adaptation to climatic conditions and soil types. But
women are much less productive than males and have less access to property. Men do most
of the fishing and seafood farming along the shore, but women make up as much as 90
percent of the workforce in the service industry. There is a significant number of women
working in the small-scale fishing industry7. For women to achieve economic independence,
it is essential that agricultural and fishery output rates be raised. However, increasing
production isn't the answer and may even be harmful to ecosystems. Together, protecting and
bettering the environment and empowering women through greater output will be the most
effective approach8.

Democracy

Fighting for freedom, women's rights, and environmental protection are often intertwined in
nations that are still on the path to development. Since their work involves protecting human
rights and fighting economic interests, as well as being women who question conventions,
women human rights advocates working on land and environmental problems face unique
challenges. Many of these people also fall into traditionally oppressed demographics, such as

4
OSCE: A guide to the integration of gender aspects in the OSCE’s environmental projects (2009)
5
UNDP: Powerful Synergies. Gender Equality, Economic Development and Environmental Sustainability
(2012)
6
UN Women Watch Fact Sheet: Women, Gender Equality and Climate Change, UN Women Watch:
www.un.org/womenwatch (2009)
7
Swedish Society for Natural Conservation: Protecting the environment: Why a gender perspective matters
(2015)
8
Ibid.
being members of a minority or ethnic group. Berta Cáceres, an indigenous leader and
advocate for women's and environmental rights who was killed in Honduras in March 2016,
is just one of many women who assume enormous risks.

AN ANALYSIS THROUGH THE LENS OF FOUCAULT:

CONSOLIDATING THEORIES FROM
KNOWLEDGE TO OTHERIZATION

"Truth is linked in a circular relation with systems of power which

produce and sustain it."

Paul-Michel Foucault, a French scholar and social theorist, played a pivotal role in the
decades following World War II. His works, which mainly concerned the interplay between
schooling and government in contemporary cultures, made him a controversial and widely
read character. His thesis on the relationship between information and authority is one of the
most influential and studied in the disciplines of sociology and political philosophy. By the
conclusion of the previous paragraph, the author has established a problem; below, we will
try to analyse this problem considering Michel Foucault's numerous beliefs and theories.

 On Knowledge & Power

Knowledge and authority, according to Foucault's theory, are inextricably linked in
contemporary cultures. In his view, knowledge is not objective but is rather moulded
and used by those in power to further entrench their hold on society. In other words,
those in positions of authority use what they've learned to cement their position and
grow their influence, so there is a positive feedback loop between the two.
There are several central ideas that form the basis of Foucault's theory of knowledge
and authority. The concept of power interactions is one example. As Foucault argues,
power relations are enacted by more than just governmental or corporate authorities.
On the contrary, power dynamics permeate every aspect of society, from interpersonal
encounters to institutional structures.
The notion of disciplinary authority is also central to Foucault's theory. According to
Foucault, the use of punitive methods to control and manage people is endemic in
today's communities. Some examples of these methods include keeping an eye on
 people and making sure they're following the rules. Judicial authority permeates all
facets of society, not just institutional settings like schools and hospitals.
Application to the Ecofeminist Movement
Both Foucault and ecofeminism depict a complex, multi-fronted resistance to
patriarchal control over the female body. Foucault was critical of the movement to
restrict women's bodily autonomy. In his role as a poststructuralist philosopher,
Foucault contends that biomedical power is how modernity manages to exert
dominance over the human body. He contends that modernity's view of the body as a
means of production justifies its scrutiny and control over women's bodies in
particular.
There is a sense in which women's bodies are pivotal to the discussion of modernity.
Given the pervasiveness of body-centered speech rules, particularly regarding the
uterus, Foucault further labels it as body fetishism. This results in women playing the
role of "body cops" for themselves. The only reason women are subjected to such
scrutiny is so that they can conform to the norms of popular speech. Panopticism is a
term used to describe this form of omnipresent monitoring.
Example
For example, between 1980 and 2015, the Chinese government enforced a population
control measure known as the "one-child policy," which limited many households to
having only one child.

 On Discourse
Foucault's theory of discourse expands upon his previous work on knowledge and
power to provide a more nuanced grasp of the ways in which power is exercised
through linguistic and communicative means. Foucault's theory of speech will be
dissected in this article, along with its connections to epistemology and politics, and
its relevance to the present day will be discussed.
According to Foucault, language and speech are not apolitical means of spreading
knowledge; rather, they are inherently entangled with structures of authority. All the
ways in which language is used to represent the world and influence our
comprehension of it fall under the umbrella term of "discourse," which is used to
describe how language is used to create and circulate knowledge.
 Foucault argues that the way we think about and discuss the world is shaped by
speech, making it a site of power relations. As a result, those who can influence the
way people talk are also in a position to influence how those people think and act. In
other words, the creation and dissemination of knowledge are inextricably linked to
the role that discourse plays as an instrument for the practise of power.
Application to the Ecofeminist Movement
Foucault's theory of discourse is an insightful paradigm for analysing the role of
language and discourse in the reproduction of patriarchy, sexism, and environmental
destruction.
For instance, dualism places a premium on "reason," "ratio," and "men" while
devaluing "body," "emotions," and "women." This value of dualism is oppositional
(not complimentary), exclusive (not inclusive), and rooted in status and reputation.
The danger to the security of women and the environment has come from male
thought patterns such as hierarchy, dualism (or binalism), and oppression.
Women are always the more "normal" or "feminised" version of a given situation.
Animals like poultry, cats, snakes, etc. can be said to have been "naturalised," as
described above; and people can be said to have been "feminised," as in having been
subjected to sexual violence, control, penetration, exploitation, etc. It is important to
observe that these terms are accustomed to signify outdoor pursuits.
Example
For instance, referring to areas as "farmland," "controlled territory," or "raped
woods." Since both women and environment suffer at the hands of those in authority,
it's not a stretch to suggest that they share a metaphorical bond.

 Culmination into Inside-Outside & Otherization

Foucault's work on speech, knowledge, and power sheds light on how language
shapes and sustains social hierarchies. Some groups are considered "normal" or
"inside," while others are considered "odd" or "outside," and this is one of the central
ideas that emerges from this theory, known as "inside-out" and "otherization." We're
going to dissect inside-out and otherization, all the ways it's been used recently, and
where it might be headed.
Power and information are inextricably intertwined with the inside-out and
otherization concepts. Knowledge production and distribution are central to the
 maintenance of socially favoured groups' positions of power and authority. Those
who hold power in a community use language to establish norms for what is right and
wrong, and what is socially permissible and unacceptable. This establishes a stark
contrast between two groups: those considered "regular" inside and those considered
"odd" outside.
Several categories, such as racial, gendered, sexual, and able-bodied identities, exhibit
this kind of stark duality. In all these examples, the ruling group is considered
"inside," while the oppressed group is considered "outside." Discourses of the inside-
out and the other add to the maintenance of existing power structures and the
exclusion of certain social groups.
Application to the Ecofeminist Movement
The topic of climate change and its effects on women is also pertinent to the idea of
otherization. Women are more likely to suffer from the effects of discrimination or
environmental deterioration than males. The otherization rhetoric, which views
women as abnormal and helps sustain the falsehood that they are not as valuable or
capable as men, is largely responsible for this disparity.
There is a strong correlation between the otherization rhetoric and the persistence of
gender inequality and the monopolisation of natural resources. The gender binary
(opposite pair) between males and women is a common theme in public debate. The
characteristics that make men great—up, right, elite culture, authority, and strength—
are biologically hardwired into their DNA. Women, meanwhile, are viewed in a
completely different light, as being built as inferior, fragile, and submissive. This
framework shapes the language used by submissive women, which in turn has far-
reaching effects on society.
Foucault defines the term "obedient body" in Disciplines and Punishments9.
Ecofeminism has taken a significant stride forward by raising public consciousness
that human political policies can have devastating effects on both women's bodies and
the environment. Because of the strength of "me" versus "men" (the other), who have
masculinity domination, women do not sit idly by and observe the harm done to their
own bodies.
The sphere of women's sexuality may be jolted by the realisation, brought on by
environmental consciousness, that her body is her own and not the property of men or

9
Foucault, Michel, 1926-1984. Discipline and Punish: The Birth of the Prison. New York: Pantheon Books,
1977
 the state (the others). A woman has the right to make her own decisions about her
body, including when and for how long her ovaries will be used, what she will dress,
and how long she will keep the baby she carries. These ecofeminist-inspired
initiatives are part of a larger movement to raise public consciousness about the
importance of reaffirming women's connections to the natural world.

JUDICIAL APPLICATIONS

The Niyamgiri Movement

The Dongria Kondh people have lived in Orrisa's Niyamgiri Mountains for generations.
About eight thousand people make their home in this tiny village, which maintains a natural
lifestyle through organic farming and close family ties. However, The Government of Odisha
signed an MOU with Vedanata Aluminium Limited to allow for the extraction of bauxite in
the Niyamgiri Mountains, threatening the existing beneficial relationship between the two
entities. In the eyes of the State's leaders, it was a project with great potential for their future
financial and social success. On the other hand, it put the Dongria Kondha at risk of suffering
a catastrophic loss of both resources and land.

Assuming that a community must be developed and "civilised" at all costs, this was nothing
more than forcing the western developmental plan down the tribal people's necks. When it
came to the State, the Dongria Kondha clan was not on board. Several women spoke out
against the mining agreement during a gramme sabha held in Khambesi on August 13. The
environmental approval was denied by the Ministry of Environment and Forest because it
would violate the rights of the native population protected by the Forest Rights Act 10. The
business argued that the ministry should reverse its decision to deny approval in Orissa
Mining Corporation v. Ministry of Environment & Forest & others11.

Since the court agrees that mining operations should be prohibited in at least some sections of
the forest, the denial was affirmed. The court heard arguments about the tribe's claim to
property owned by the business. The State Government, the court added, is the "trustee of the
people" in charge of the state's natural riches. The court also found that the impacted tribes'
reliance on farmland made them particularly vulnerable. The indigenous people have the

10
THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF
FOREST RIGHTS) ACT, 2006
11
Orissa Mining Corporation v. Ministry of Environment & Forest & others, Writ Petition 180 of (2011)
right to preserve their unique connection with the lands they have customarily used and
owned, as stated in the United Nations Declaration on the Rights of Indigenous Peoples.
What gives rise to ecofeminism is the intersection of feminist and environmentalist groups.

Rural Litigation and Entitlement Kendra Dehradun & Others v. State of Uttar Pradesh
& Others12
Conflict in the Dehrad Valley is another name for this event. In 1983, the Supreme Court of
India received a protest letter from the Dehradun Rural Litigation and Entitlement Kendra
(RLEK). This appeal for a warrant of certiorari was filed in the Indian Supreme Court under
Article 3213. The highest court in the land has mandated a review of the valley's ongoing
mining activities. The state administration was also singled out by the court for its
involvement in the creation of a database for regional agriculture.

At the same time that the matter was taken up by the Supreme Court, the Central Government
began to worry about the vital mining activities in the Valley. In 1983 During the Dehradun
Valley Lawsuit, the Indian government appointed a Working Group to investigate the
limestone quarries in the Dehradun-Mussoorie area. Both the government's Working Group
and the court's committee reached the same conclusion about the mines' harmful impact on
the ecosystem, and that decision was ruled by the same person, D.N. Bhargava. The Working
Group was also tasked with providing updates to the court on the status of the restricted
mining activities. The Environment Protection Act14 was passed by Parliament in 1986,
during the course of the lawsuit.

This led to the Valley being designated as an environmentally vulnerable area under the Act
after it was passed. In addition, the government appointed the Doon Valley Commission,
headed by the Minister of Environment and Forests, to deal with cleaning up polluted regions
and protecting the remaining natural beauty of the Valley. As the Supreme Court explained,
violating the Forest Conservation Act by extracting resources from protected woods in the
Dehradun region is unacceptable. However, only non-forest operations on forest areas
without Central Government permission are prohibited by the Forest Conservation Act 15. The
Supreme Court was concerned about the livelihood of mine operators and workers who
would be unemployed as a result of the shutdown of mining activities in the Dehradun
Valley, in addition to protecting the environment and protecting national interests.

12
Rural Litigation and Entitlement Kendra & Others vs State of Uttar Pradesh, AIR 1985 S.C. 652
13
The Constitution of India, 1950, Art. 32
14
THE ENVIRONMENT (PROTECTION) ACT, 1986
15
THE FOREST (CONSERVATION) ACT, 1980
Municipal Council, Ratlam vs Shri Vardhichand & Ors16
Petitioners in Ratlam City, who live near slums, sued the city government because the
residents' quality of life had deteriorated due to the odour and smell created by the residents'
excrement. When the subdistrict judge approached the city, he requested that create a viable
strategy for growth. The township then appealed to the supreme court, claiming that it lacked
the financial resources to carry out the lower court's directives.

An alcohol factory in the area has been blamed for spreading malaria, and the respondents
claim the town has failed to carry out the sub divisional magistrate's orders to remedy the
situation. The Supreme Court ruled that the city must implement the sub divisional
magistrate's demands that distinct sanitary facilities be built for males and females, with
running water and scavenging services provided first thing in the morning and the evening as
well. The right to a clean, unpolluted atmosphere was upheld by the High Court as an
essential component of the right to life guaranteed by Article 2117.

CONCLUSION & SUGESSTIONS

Conclusion
Every human being has a unique body, which means that the term "body" refers to more than
just a bodily shape. The body is thus identified in more ways than just its outward
appearance, such as skin tone, form, and so on. The physical self stands in for the rational
mind, the accumulated wisdom of life, and the keenness of consciousness. An interpretation
of the object suggests that the feminine form is a highly exploitable domain. Women's bodies,
according to Foucault's power rhetoric, are used by dictatorships to limit the birth rate. When
exercising this kind of authority, the state does not oppress its citizens, but rather uses
methods of control or control and normalcy, water, and earth purity. Because finding
nutritious food becomes so challenging when the land is barren, women's bodies become
more at risk and suffer a decline in quality.
This act of defiance was carried out in the public sphere by the persistent promotion of
education about women's bodies and their relationship to nature. Now, the body is not just an
object for a system of information or authority, but also a subject.

16
Municipal Council, Ratlam vs Shri Vardhichand & Ors, 1980 AIR SC 1622
17
The Constitution of India, 1950, Art. 21
However, from an eco-feminist vantage point, the planet is like a woman's body in that both
are fragile and susceptible to harm. Real steps to safeguard the planet and women from
oppressive forces are what ultimately fix this weakness. Since women's bodies are often the
first to encounter the earth, any harm done to the planet will also harm women. Simple, every
day measures can be taken to begin addressing this issue. In the same way that caring for the
environment affects how women treat their bodies, so too does caring for the environment
affect how women treat their bodies. Preserving the health of women is an investment in the
survival of humanity.
Efforts to counter eco-feminism, a movement that seeks to raise female environmental
consciousness through education and activism, need to be sped up and examined more
thoroughly. More research into ecofeminism's contribution to environmental protection in
Indonesia is required. This is because the extent to which women can and will affect one
another will remain constant for as long as the world continues to revolve, and females
continue to exist.

Suggestions
Certain measures can be adopted to combat this issue, they are listed below:
1. In environmental planning, funding, gender budgeting, and policymaking, for
example, women should be actively encouraged to take an active role.
Encourage women to take an active role in environmental and climate change
discussions at the national and foreign levels of government. Locally, women's
equal involvement in community-based organisations and the development of
tactics and methods is essential.
2. Take measures that directly handle the unique concerns, vulnerabilities, and
requirements of women and girls. Consideration should be given to the fact that
women and girls have a different set of needs, and those needs should be met in
a different way, when formulating policies and implementing initiatives. For
instance, technological solutions can help women save time and energy, which
can have a beneficial effect on their health and well-being.
3. Utilize and disseminate data on funding opportunities for female environmental
activists. Access to money and financing is hampered by official and informal
barriers that women business owners and women's organisations encounter.
Working to close the gender gap in the environment can be boosted by
 providing women with easier access to resources like funding and business
marketplaces. Women's groups need to be informed of environmental issues,
given access to funding for related work, and advised on environmental
strategy development. To achieve this goal, it may be necessary to take
measures such as creating a separate portal for women-led organisations and
keeping track of how many women and women-led organisations benefit from
the programme or fund.
4. Make use of and share information on available money to support
environmental advocates who identify as female. Many women company
owners and women's organisations face statutory and informal roadblocks that
make it difficult for them to gain access to funding and resources. Giving
women easy access to resources like financing and business platforms can help
in the effort to narrow the gender gap in the environment. Women's
organisations should be briefed on environmental concerns, provided with
resources to tackle these problems, and offered guidance as they craft
environmental strategies. In order to accomplish this, it may be essential to
implement measures such as keeping track of how many women and women-
led organisations profit from the programme or fund and designing a dedicated
portal for women-led organisations.