Constitutional Feminism and Judicial Patriarchy: Ideology versus Reality.

Innovation : The Research Concept ISSN No. 2456–5474  RNI No. .UPBIL/2016/68367 VOL- VI * ISSUE- IV * May - 2021  

 Paper Submission: 05/05/2021, Date of Acceptance: 17/05/2021, Date of Publication: 25/05/2021














 Dipak Das
 Associate Professor,
 Dept. of Law, 
Hidayatullah National Law 
University,
 Naya Raipur, 
Atal Nagar, 
Chhattisgarh, India

 

                                                   Abstract

 Constitution of India manifests the importance of constitutional feminism in the chapters of fundamental rights and directive principles of state policy. The preamble to the constitution also mentions about justice to all including women. There are three organs of the state namely legislature, executive and judiciary. Each organ with specific responsibility has been assigned a common task to uphold the principles of constitutional feminism and constitutional morality. Though 70 years has elapsed but the plight of crime against women in India has not been improved despite efforts taken by all three organs of the state. Though penal laws like IPC contains specific provision to deal with sexual offences against women, yet these provisions are not able to fetch justice in true sense to the victim of sexual offences against women. Some authorities, like judiciary, law enforcing agencies and law making authority are to work in a cooperative manner to uphold constitutional feminism but the real picture is far from reality. It happens due to several reasons including mental attitude of officials of executive, judiciary and elected representatives of legislature. The present study tries to reflect how, despite law, courts and police personnel sexual offences against women have been increasing at an alarming rate in India because of several reasons including mental attitude of interpreters of legal provisions in India thus it is reflecting ideology versus reality.

   for full paper please visit below link :

https://www.socialresearchfoundation.com/upoadreserchpapers/6/434/2106231012071st%20dipak%20das%2014193.pdf

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