Teaching Plan

of
Feminism and Gender Justice

for
B.A. LL.B. (Hons.)
Semester- VII
Session- 2021-2022

Compiled By :

Ms. Swati Singh Parmar

 Table of Contents
Sr. No. Contents

1. Course Outline

2. Learning outcomes of the Course

3. Teaching methodology

3. Syllabus

4. Teaching Plan

5. Reference Material

6. List of Assignments/Projects

7. Important Instructions
1.0Course Outline

This course aims at questioning the understanding that law is universal, protects
everybody equally and is accessible to all equally. It uses gender, particularly in relation
to women and persons with non-heterosexuality as examples to show discrimination
perpetuated by law and legal processes. It has long been recognised that law, lawyers and
judges are insensitive and unaware of the problems and perspectives of women resulting
in grave injustice to them in various ways. Orientation and in-service refresher training
programmes for lawyers and judges on these aspects have been suggested by all
concerned and indeed such training programmes are being organised too. Law Schools in
this scenario have the important obligation to generate awareness of the gender bias
operating in society and legal system in India.

2.0Objectives/ Learning outcome of the Course

This course aims to focus on discrimination on the ground of sex and nonheterosexuality
in the extant law and judicial decisions. It also explores the jurisprudential explanations
for the existing state of affairs. It focuses on the patriarchal nature of state and family and
contemporary feminist and queer debates. It is expected that the students will acquire
analytical skills and knowledge to critically analyse functioning of legal provisions and
judicial responses from the perspectives of the deprived and powerless groups in society
as an outcome of this course. These skills are important not only from the perspective of
municipal laws but also in the context of discrimination between the first and third world
countries and international law.

3.0 Teaching methodology

The course will be taught with Socialised teaching techniques that is pupil-centric. The
contents of the course are such that lecture-method may not be as productive as the
socialised classroom technique will be. The students will be involved in discussions on
texts of some statutes, articles and short documentaries.

4.0Syllabus
Module – I Feminist Jurisprudence

1. Meaning of Critical Approach

2. Meaning of Feminist Jurisprudence
3. Understanding Patriarchy
4. Feminism and Semantics
5. Contradictions in Feminism

Module -II Gender Justice

 1. Meaning of Gender
2. Meaning of Gender Equality
3. Intersectionality and Gender
4. Carceral Feminism
5. Approaches to Gender Equality

Module III – Sexuality and Morality

1. Rape Laws
2. Adultery
3. Obscenity
4. Indecent Representation of Women
5. Immoral Traffic Prevention

Module IV – Socio-economic and Reproductive Rights

1. Labour Laws
2. Prohibition on Sexual Harassment at Workplace
3. Maternity
4. Termination of Pregnancy
5. Domestic Violence

Module V – LGBTQ and Third Gender

1. Sex and sexual orientation

2. Homosexuality and Unnatural Sex
3. Queer Identity
4. Third Gender in Law
5. The Transgender Persons (Protection of Rights) Act 2019

5.0Tentative Lecture/Teaching Schedule

Sr. No. Topic Number of

Lectures
MODULE I
1. Meaning of Critical Approach 2
2. Meaning of Feminist Jurisprudence 2
3. Understanding Patriarchy 3
4. Feminism and Semantics 3
5. Contradictions in Feminism 2
Total Lectures 12
MODULE II
6. Meaning of Gender 3
7. Meaning of Gender Equality 2
8. Intersectionality and Gender 2
9. Carceral Feminism 3
10. Approaches to Gender Equality 2
Total Lectures 12
MODULE III
11. Rape Laws 3
12. Adultery 2
13. Obscenity 2
14. Indecent Representation of Women 3
15. Immoral Traffic Prevention 2
Total Lectures 12
MODULE IV
16. Labour Laws 2
17. Prohibition on Sexual Harassment at Workplace 3
18. Maternity 3
19. Termination of Pregnancy 2
20. Domestic Violence 2
Total Lectures 12
MODULE V
21. Sex and sexual orientation 3
22. Homosexuality and Unnatural Sex 2
23. Queer Identity 3
24. Third Gender in Law 2
25. The Transgender Persons (Protection of Rights) 2
Act 2019
Total Lectures 12
Total Lectures Proposed to be delivered 60
6.0 Reference Material

READING MATERIAL
MODULE I:
1. Moira Gatens, “A Critique of the Sex/Gender Distinction” in A Phillips ed.
FEMINISM AND SUBJECTIVITY, pp. 139-154
2. Carol Pateman, “Feminist Critique of the Public and Private” in A Phillips ed.
Feminism and Equality, pp. 103-123
3. India Report under CEDAW 2014 available at
https://www.refworld.org/country,,CEDAW,,IND,,,,0.html
4. National Family Health Survey-4 (2017), available at
https://dhsprogram.com/pubs/pdf/FR339/FR339.pdf
5. Lotika Sarkar, “Women’s Movement and the Legal Process” Occasional Paper 24,
CWDS, http://www.cwds.ac.in/wp-content/uploads/2016/09/WomensMovement.pdf
6. Usha Ramanathan, “Images (1920-1950) Reasonable Man, Reasonable Woman and
Reasonable Expectations” in Amita Dhanda, Archana Parashar (ed) ENGENDERING
LAW, pp. 33-70 (1999). Eastern Book Company.
http://www.ielrc.org/content/a9906.pdf
7. Rajesh Talwar, “Introduction” in THE THIRD SEX AND HUMAN RIGHTS (2016)

MODULE II:
1. Kamla Bhasin, What is Patriarchy, Kali/Women Unlimited (2004)
2. Ratna Kapur and Brendia Cossman, Subversive Sites: Feminist Engagements with
Law in India 43-75 (1996).
3. Alison Jagar “Introduction: Living with Contradictions: Controversies in Feminist
Social Ethics” (1994) Westview Press
4. Heywood, “Feminism in Political Ideology: An Introduction” pp. 252-265 (2004)
Palgrave McMillan.

MODULE III:
1. Ved Kumari, “Gender Analyses of Indian Penal Code” in Amita Dhanda, Archana
Parashar (ed) ENGENDERING LAW Essays in Honour of Lotika Sarkar, pp.139-160
 (1999). Eastern Book Company.
http://www.womenstudies.in/elib/crime_ag_women/ca_gender_analysis.pdf
2. Usha Tandon and Sidharth Luthra, “Rape: Violation of the Chastity or Dignity of
Woman? A Feminist Critique of Indian Law”, FICHL Policy Brief Series No. 51
(2016)
http://www.fichl.org/fileadmin/user_upload/160615_PBS_No._51__2016___Tandon_
_ Luthra_.pdf
3. Bobby Art International, Etc v Om Pal Singh Hoon & Ors (SC 1996)
4. Joseph Shine v. UOI, 2018 SCC online SC 1676

MODULE IV:

1. C.B. Muthamma v. Union of India, 1979(4) SCC 260

2. Air India and others v. Nergesh Meerza, 1982 SCR (1) 438
3. Richa Mishra v. State of Chhattisgarh, (2016) 4 SCC 179,
http://judis.nic.in/supremecourt/imgs1.aspx?filename=43378
4. Charu Khurana v. UOI , WRIT PETITION (CIVIL) NO.78 OF 2013 decided by SC
on November 10, 2014
5. Medha Kotwal v. U.O.I (2013)1 SCC 297
6. Catharine A. MacKinnon, Where #MeToo Came From, and Where It’s Going: The
movement is moving the culture beneath the law of sexual abuse, available at
https://www.theatlantic.com/ideas/archive/2019/03/catharine-mackinnon-what-metoo-
haschanged/585313/
7. Vanessa Sheridan, “Transgender Economic Equality: The New Frontier” in
HUFFPOST available at https://www.huffingtonpost.com/vanessa-
sheridan/transgender-economicequality-the-new-frontier_b_3914614.html

MODULE V:
1. National Legal Services Authority v. Union of India, [(2014) 1 SCC 1]
2. Arun Kumar v. Inspector General, 22nd April 2019 Mad HC, available at
https://indiankanoon.org/doc/188806075/
3. Arvind Narrain, “'That despicable specimen of humanity’: Policing of homosexuality
in India” in Kalpana Kannabiran (ed), CHALLENGING THE RULE(S) OF LAW:
 COLONIALISM, CRIMINOLOGY AND HUMAN RIGHTS IN INDIA (2008) Sage
India
4. Navtej Singh Johar & Ors v. Union of India Ministry of Law and Justice Secretary,
Writ Petition(s)(Criminal) No(s).76/2016 available at
https://indiankanoon.org/doc/119980704/
5. EXCERPTS: Born Free and Equal: Sexual Orientation and Gender Identity in
International Human Rights Law (UN Human Rights Office of the High
Commissioner) HR/PUB/12/06 (2012)
6. Report of the United Nations High Commissioner for Human Rights on
Discriminatory laws and practices and acts of violence against individuals based on
their sexual orientation and gender identity (2014) available at
https://www.un.org/ga/search/view_doc.asp?symbol=A/HRC/19/41
7. The Transgender Persons (Protection of Rights) Act 2019

7.0 List of Assignment/Project Topics

S.NO. TOPIC STUDENT’S NAME
1 Feminist analysis of issues involved in National Legal
Services Authority v. Union of India & Arun Kumar v.
Inspector General
2 Analysis of Catharine MacKinnon’s “The Sexual
Harassment of Working Women”
3 Analysis of Sumi Cho’s, “Converging Stereotypes in
Racialized Harassment: Where the Model
Minority Meets Suzie Wong”
4 Feminist approach to the Transgender Persons (Protection
of Rights) Act
5 Feminist analysis of issues involved in Medha Kotwal v.
U.O.I and Charu Khurana v. UOI
6 Feminist analysis of issues involved in Richa Mishra v.
State of Chhattisgarh
7 Feminist analysis of issues involved in Bobby Art
International, Etc v Om Pal Singh Hoon
8 Feminist analysis of issues involved in Joseph Shine v UOI
9 Feminist analysis of issues involved in Municipal
Corporation of Delhi v. Female Workers (Muster Roll) and
Another, (2000)

10 Feminist analysis of issues involved in Sabu Mathew

George v. Union of India & Ors (2008 SC)

11 Analyse the piece available here:

https://www.nytimes.com/2017/09/18/opinion/feminist-
philosophy-future.html

12 Feminist analysis of issues involved in S.R. Batra and Anr

v. Taruna Batra
13 Feminist analysis of issues involved in Hiral P. Harsora and
Ors v. Kusum Narottamdas Harsora
14 Feminist analysis of issues involved in All India Democratic
Women's Association and Janwadi Samiti v. Union of India
& Ors.
15 Notions of sex and gender under the Indian Penal Code
16 Analysis of Catharine MacKinnon’s, “Reflections on Sex
Equality Under Law”, from the book :Women’s Lives,
Men’s Laws (2005)
17 Analyse the piece available here:
https://www.newyorker.com/magazine/2019/04/01/the-
radical-style-of-andrea-dworkin
18 Analysis of Camille Paglia’s “Sexual ‘realism’ ”
19 Analyse the piece available here:
https://www.hollywoodreporter.com/lifestyle/lifestyle-
news/camille-paglia-takes-millennials-strangely-unsexy-
instagram-posts-1148415/
20 Analyse the piece available here:
https://www.theguardian.com/lifeandstyle/2019/apr/16/why-
andrea-dworkin-is-the-radical-visionary-feminist-we-need-
in-our-terrible-times
21 Analyse the piece available here:
https://www.city-journal.org/camille-paglia
22 Analyse the piece available here:
https://www.thecut.com/2019/03/sex-lies-and-andrea-
dworkin.html

8.0 Instructions to Students

• The above teaching schedule is tentative and is subject to change as per the need and
requirements of the session
• The list of judgments recommended is only illustrative and new judgements may be
added to it during class-room discussion

Course Teacher/Teachers