English_Master May 9, 2016 No Comments
IS GENDER NEUTRALITY OF LAW A MYTH?    The status of women as empowered citizens around the world is yet to be ascertained. Guided by the Charter of the United Nations and the Universal Declaration of Human Rights, it seems as if the trend towards a just social order reflects a better tomorrow, and yet, thousands of women suf­fer from the brutal crimes and atrocities committed by their male counterparts. Deeply woven into the social fabric of society, women face the onslaught of a patriarchal legal sys­tem – be it by the denial of fundamental rights in Afghanistan or the exclusion from property interests in India. Women still struggle as the marginalized gender in many parts of the world. This leaves considerable room for scrutiny of whether gen­der neutrality of the law is a reality, or indeed, a myth. The aim of this paper is to map the main theoretical ar­guments of feminist jurisprudence, which help to unmask the hidden language of gendered laws. It draws upon the various feminist theories that have helped critique the basic assump­tions of the Rule of Law, thus laying the foundation to under­stand whether laws are undeniably neutral. With this back­drop, the essay proceeds to critically examine the role of law in modern society...
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