Topic 1: Gender and Gender Justice

1.1 Understanding Sex, Gender, Gender Dysphoria and Gender Identities: LGBTQA++

The distinction between sex and gender was foundational to second-wave feminism. Simone de Beauvoir’s famous dictum — “One is not born, but rather becomes, a woman” — encapsulates this: femininity is not biological destiny but a social and cultural product. This distinction matters legally because discrimination based on “sex” under Article 15 of the Indian Constitution can be interpreted to include gender-based discrimination.

Gender Identity is a person’s deeply felt, internal and individual experience of gender, which may or may not correspond to the sex assigned at birth. It includes the personal sense of the body (which may involve modifying appearance or body function) and other expressions of gender such as dress, speech and mannerisms. The Supreme Court of India in NALSA v. Union of India (2014) recognised gender identity as a fundamental right under Articles 14, 15, 19 and 21 of the Constitution.

Gender Expression refers to the external presentation of one’s gender through clothing, hairstyle, name and pronoun choice. Gender expression may or may not conform to socially defined behaviours associated with a particular gender.

LGBTQA++ Identities — A Legal Overview

1.2 Private–Public Dichotomy

The public–private dichotomy refers to the classical liberal distinction between the “public sphere” (state, politics, work, market) and the “private sphere” (family, home, personal relationships). Historically, this distinction has been used to exclude women from political life and to shield domestic violence, marital rape, and patriarchal family structures from legal scrutiny.

In the Indian context, the public–private dichotomy has had direct legal consequences. For decades, marital rape was not criminalised because the “marriage contract” was treated as a private arrangement placing the wife’s consent as permanently given. Similarly, domestic violence was treated as a “family matter” until the Protection of Women from Domestic Violence Act, 2005 intervened. Devdasi practices, child marriage, and female foeticide were also long tolerated as “private” or “cultural” practices.

1.3 Indicators of Gender Status

Gender status indicators reveal the systemic disparities between men and women (and between cisgender and transgender people) across multiple dimensions of life:

• Likelihood of Survival: Female infanticide, female foeticide through sex-selective abortions, and neglect of girl children result in a skewed sex ratio. India’s sex ratio was 940 females per 1000 males (Census 2011), with child sex ratio (0-6 years) at 918, reflecting severe gender discrimination at birth.
• Female Foeticide: The use of pre-natal diagnostic techniques to determine sex and then abort female foetuses — leading to the PC & PNDT Act, 1994.
• Assigned Human Worth: Dowry practices assign economic value to the groom’s family while treating the bride as a liability, reflecting differential valuation of human worth based on gender.
• Control over Property: Women’s property rights have historically been limited under personal laws. The Hindu Succession Act (Amendment) 2005 gave daughters equal coparcenary rights, but implementation remains uneven.
• Working Conditions: Women face a “double burden” — paid work and unpaid domestic labour. They are overrepresented in the informal sector with fewer protections.
• Knowledge and Information: Literacy gaps, digital divides, and exclusion from decision-making processes limit women’s access to information.
• Political Processes: Despite the 73rd and 74th Constitutional Amendments reserving seats for women in local bodies, women remain underrepresented in Parliament and State Legislatures.
• Symbolic Representation: Media, religion, and popular culture often portray women in stereotyped roles — as mothers, wives, or objects — which reinforces gender hierarchies.
• Control over One’s Body: Reproductive autonomy, sexual consent, and bodily integrity remain contested areas where women’s rights are frequently violated through marital rape, forced sterilisation, and honour crimes.
• Reproductive Processes: Women’s reproductive capacity has been used to control and restrict them — through forced marriage, child marriage, and denial of contraception and abortion rights.

Topic 2: Patriarchy and Feminist Jurisprudence

2.1 Patriarchy: Meaning, Evolution in India, and Effect on Men

Patriarchy operates through interlocking institutions — family, religion, state, economy, and media — to reproduce and maintain male dominance. It is not merely a matter of individual men behaving badly, but a systemic and structural arrangement that disadvantages women and others who deviate from masculine norms.

Evolution of Patriarchy in India

Indian patriarchy has deep historical roots, operating through different but interconnected mechanisms across different periods:

• Vedic Period: While earlier Vedic texts show some evidence of women’s participation in intellectual and religious life (e.g., women like Gargi and Maitreyi as philosophers), the later Vedic period saw increasing restrictions on women’s roles.
• Dharmashastric Period: Texts like Manusmriti (Manu Smriti) institutionalised patriarchy through norms requiring women’s dependence on father, husband, and son, denial of property rights, and restrictions on widow remarriage.
• Medieval Period: Practices like purdah, sati, devdasi dedication, and child marriage became entrenched. Islamic law permitted polygamy and easy divorce for men (triple talaq) while women had virtually no recourse.
• Colonial Period: British law both challenged some aspects of patriarchy (e.g., abolition of sati in 1829 through Regulation XVII) and reinforced others (by codifying personal laws that were highly patriarchal). The colonial state was itself a patriarchal institution.
• Post-Independence: The Constitution guaranteed equality (Articles 14-16) and prohibited discrimination on the basis of sex (Article 15). However, personal laws largely retained patriarchal features. Social movements — the women’s movement of the 1970s–1980s — pushed for legislative reforms (Dowry Prohibition Act 1961, Criminal Law Amendment Act 1983, etc.).

2.2 Types of Feminism

Liberal Feminism in Detail

Liberal feminism operates within the existing legal and political framework, seeking to reform laws to treat women equally with men. It originated in Enlightenment philosophy — if reason is the basis of rights, and women are equally rational, they deserve equal rights. Key demands have included: women’s suffrage, equal pay, equal property rights, reproductive rights, and anti-discrimination laws. In India, liberal feminism influenced constitutional provisions (Articles 14, 15, 16, 39) and legislative reforms like the Hindu Succession (Amendment) Act 2005.

Radical Feminism in Detail

Radical feminism locates the root of women’s oppression in the sex/gender system itself. It argues that women constitute a “sex class” systematically oppressed by men as a group. Catharine MacKinnon argues that sexuality is the primary mechanism of women’s subordination — through pornography, prostitution, sexual harassment, and rape, men exercise power over women’s bodies and thereby over all aspects of women’s lives. Radical feminists are often critical of heterosexuality and marriage as institutions of patriarchal control.

Socialist/Marxist Feminism in Detail

Socialist feminism synthesises Marxist analysis of class with feminist analysis of gender. It argues that capitalism relies on women’s unpaid domestic and reproductive labour. Women’s “double day” — working in the paid economy and then performing all domestic labour — is a product of both capitalist exploitation and patriarchal ideology. Social reproduction theory (developed by Tithi Bhattacharya) extends this analysis, showing how all forms of labour that reproduce the workforce are systematically devalued and feminised.

Eco-Feminism in Detail

Eco-feminism draws a connection between the patriarchal exploitation of women and the masculine domination of nature. Both women and nature are feminised, devalued, and treated as resources to be used and exploited. Vandana Shiva’s work in India — particularly her analysis of the Chipko Movement and the Green Revolution — shows how modernisation and development paradigms that exploit natural resources simultaneously destroy women’s livelihoods and agency.

2.3 The Sameness and Difference Debate

2.4 Understanding Indian Feminist Jurisprudence

Indian feminist jurisprudence differs from Western feminist theory in several important respects. It must grapple with: (a) the intersection of gender with caste, religion, class, and ethnicity; (b) the persistence of personal laws that vary by religion and often discriminate against women; (c) the legacy of colonialism which both challenged and entrenched patriarchy; and (d) the diversity of women’s experiences across India’s enormous social, economic, and regional landscape.

Key themes of Indian feminist jurisprudence include:

• Constitutional Feminism: Using Articles 14, 15, 19, and 21 to challenge gender discrimination in both state and personal law.
• Anti-Caste Feminism: Recognising that caste hierarchies compound gender discrimination — Dalit women face intersecting forms of violence and marginalisation.
• Critique of Personal Laws: Demanding uniform civil code or gender-just reforms to personal laws governing marriage, divorce, maintenance, and inheritance.
• Rape Law Reform: The women’s movement’s campaign after the Mathura rape case (Tuka Ram v. State of Maharashtra, 1979) led to the Criminal Law (Amendment) Act 1983.
• Reproductive Rights: Advocating for women’s right to control their bodies — including access to safe abortion and contraception.

Topic 3: The Third Gender

3.1 Definitions under the Transgender Persons (Protection of Rights) Act, 2019

3.2 Rights under the Transgender Persons Act 2019

Section 3 – Prohibition Against Discrimination

Sections 4–7 – Recognition of Gender Identity

Section 4 recognises the right of transgender persons to be recognised as such and to self-perceive their gender identity. Section 5 requires an application to be made to the District Magistrate for a Certificate of Identity. Section 6 mandates issuance of such certificate, which confers legal recognition. Section 7 provides that after sex reassignment surgery, a person may obtain a revised certificate of identity recording the gender as male or female.

Sections 9–12 – Education, Employment and Health

• Section 9: No establishment shall discriminate against any transgender person in any matter relating to employment including recruitment, promotion, and other related issues.
• Section 10: Every establishment shall ensure compliance with the provisions of the Act and provide facilities to transgender persons in accordance with the government’s scheme.
• Section 11: Government to take steps to provide medical care facilities including sex reassignment surgery and hormonal therapy, and facilities for medical review of gender reassignment procedures.
• Section 12: No transgender person shall be separated from their family on ground of being a transgender. Where a parent or guardian is unable to provide care, the competent court may send them to a rehabilitation centre.

Sections 16–17 – National Council for Transgender Persons

Section 16 establishes a National Council for Transgender Persons, chaired by the Minister for Social Justice, to advise the Central Government on matters relating to transgender persons; monitor and evaluate the impact of policies; and review and coordinate activities of all ministries. Section 17 provides for the Council’s composition, which must include representatives of transgender communities.

3.3 Critical Analysis of the Transgender Persons (Protection of Rights) Act, 2019

3.4 Landmark Cases on Transgender Rights

Topic 4: International Instruments on Gender Justice

4.1 Universal Declaration of Human Rights (UDHR), 1948

4.2 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1979

CEDAW was adopted by the UN General Assembly in 1979 and came into force in 1981. Often called the “International Bill of Rights for Women,” it is the most comprehensive international instrument addressing women’s rights. India ratified CEDAW in 1993, with certain reservations.

Basic Principles of CEDAW

1. Substantive Equality: CEDAW goes beyond formal equality to require states to ensure women’s substantive, de facto equality with men.
2. Non-Discrimination: Prohibition of all forms of sex discrimination — both direct (explicit) and indirect (facially neutral but having discriminatory effect).
3. State Obligation: States must eliminate discrimination even if committed by private actors (individuals, corporations, families) — article 2(e) requires states to take “appropriate measures” to eliminate discrimination by any person, organization, or enterprise.
4. Temporary Special Measures: Article 4(1) allows states to adopt temporary special measures (affirmative action) to accelerate de facto equality without this being deemed discrimination.
5. Social and Cultural Patterns: Article 5 requires states to modify social and cultural patterns that are based on the idea of the inferiority or superiority of either sex.

State Obligations under CEDAW

• Condemn discrimination against women and adopt policies to eliminate it (Article 2)
• Ensure legal protection of the rights of women on an equal basis with men (Article 2(c))
• Modify or abolish existing laws, regulations, customs and practices that constitute discrimination against women (Article 2(f))
• Take all appropriate measures, including legislation, to modify or abolish customary or traditional practices that are harmful to women (Article 2(f))
• Grant women equal rights with men in education, employment, healthcare, political participation, marriage and family (Articles 10-16)

Impact of CEDAW on Women’s Empowerment in India

4.3 The Yogyakarta Principles (2007) and YP+10 (2017)

Key Principles

• Principle 1: Right to the universal enjoyment of human rights — all persons are entitled to all human rights regardless of sexual orientation or gender identity.
• Principle 3: Right to recognition before the law — every person has the right to legal recognition without reference to sex, gender, sexual orientation, or gender identity.
• Principle 6: Right to privacy — no one shall be subjected to arbitrary interference with their privacy, including their sexual life.
• Principle 18: Protection from medical abuses — no one shall be subject to medical procedures, including surgery, that modify sex characteristics without free, prior, and informed consent.
• Principle 24 (YP+10): Right to found a family — all persons have the right to found a family, regardless of sexual orientation or gender identity.

Topic 5: Body Autonomy, Sexuality and Consent

5.1 Bhartiya Nyaya Sanhita (BNS) 2023 – Offences Against Women (Sections 63–79)

Sections 64–79 – Summary Table

5.2 Marital Rape

Arguments For Criminalisation of Marital Rape

• Marriage does not mean irrevocable consent to sexual intercourse — consent can be withdrawn at any time.
• The exception violates Article 14 (creates an irrational classification — a married woman has fewer protections than an unmarried woman).
• It violates Article 21 — right to life, dignity, and bodily autonomy.
• It is inconsistent with CEDAW obligations.
• Over 100 countries including UK, US, and Australia have criminalised marital rape.

5.3 Rape Jurisprudence in India — Key Cases

5.4 Adultery – Section 497 IPC and Joseph Shine Case

5.5 Immoral Traffic Prevention Act (ITPA), 1956

The ITPA was enacted primarily to combat trafficking of women and children for commercial sexual exploitation. It prohibits running brothels, living off the earnings of a prostitute, procuring persons for prostitution, and seducing persons in custody into prostitution. Read with BNS 2023 Sections 96 (trafficking), 97, and 141.

5.6 Obscenity Laws

Topic 6: Economic Empowerment and Law

6.1 Constitution, Labour Laws and Economic Empowerment

The Constitution of India contains several provisions specifically aimed at women’s economic empowerment:

• Article 15(3): Enables the state to make special provisions for women and children — basis for positive discrimination/affirmative action for women.
• Article 16: Equal opportunity in public employment — prohibits discrimination on ground of sex in public employment.
• Article 39(a): State to ensure equal right to adequate livelihood for men and women.
• Article 39(d): Equal pay for equal work for both men and women.
• Article 42: State to make provisions for just and humane conditions of work and maternity relief.
• Article 43: State to endeavour to secure for all workers a living wage and conditions of work ensuring a decent standard of life.

6.2 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act)

Key Features of POSH Act 2013

• Internal Complaints Committee (ICC): Every employer with 10 or more employees must constitute an ICC. Presiding Officer must be a woman employee in a senior position. One external member from NGO/legal background mandatory.
• Local Complaints Committee (LCC): For workplaces with fewer than 10 employees or where complaint is against the employer — established at district level by the District Officer.
• Scope: Covers all women employees (regular, contractual, part-time, domestic workers) and all workplaces including unorganised sector.
• Time Limit: Complaint to be filed within 3 months of incident (extendable by 3 months in exceptional circumstances).
• Interim Relief: ICC may recommend transfer, leave, or other relief during pendency of inquiry.
• Penalty on Employer: Failure to constitute ICC = fine of ₹50,000; repeated violation = double fine and possible cancellation of licence.

Background: Vishaka Guidelines (1997)

In Vishaka v. State of Rajasthan (1997), the Supreme Court, in the absence of legislation, issued binding guidelines for prevention of sexual harassment at workplace. These were based on CEDAW and Article 21 (right to dignity). The Vishaka Guidelines were superseded by the POSH Act 2013.

6.3 Key Cases on Economic Rights of Women

Topic 7: Reproductive Rights

7.1 Medical Termination of Pregnancy Act (MTP Act), 1971 (as amended 2021)

7.2 Maternity Benefit Act, 1961

7.3 Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act (PC&PNDT Act), 1994

Topic 8: Laws Protecting Women — Domestic Violence, Dowry, Sati & Devdasi

8.1 Protection of Women from Domestic Violence Act (PWDVA), 2005

Remedies Available under PWDVA 2005

• Protection Orders (Section 18): Prohibit the respondent from committing acts of domestic violence, entering the woman’s workplace, contacting her, etc.
• Residence Orders (Section 19): Right to reside in shared household; prohibition on dispossessing the woman; permission to return to shared household.
• Monetary Relief (Section 20): Loss of earnings, medical expenses, maintenance for the woman and children.
• Custody Orders (Section 21): Temporary custody of children.
• Compensation Orders (Section 22): Compensation and damages for injuries from domestic violence.

8.2 Dowry Prohibition Act, 1961

Key Provisions

• Section 3: Giving or taking of dowry — punishable with imprisonment not less than 5 years + fine not less than ₹15,000 or the value of dowry, whichever is higher.
• Section 4: Demanding dowry — punishable with imprisonment not less than 6 months up to 2 years + fine up to ₹10,000.
• Section 6: Dowry to be for the benefit of the wife — any dowry received must be transferred to the wife within three months.
• Section 498A IPC (now Section 85 BNS): Husband or relative of husband of a woman subjecting her to cruelty — punishable with imprisonment up to 3 years + fine.
• Section 304B IPC (now Section 80 BNS): Dowry death — where death occurs within 7 years of marriage and it is shown that the woman was subjected to cruelty or harassment in connection with dowry demands — presumption of culpability; minimum 7 years, may extend to life.

8.3 Commission of Sati (Prevention) Act, 1987

Sati refers to the practice of a widow immolating herself on her husband’s funeral pyre. Although rarely practiced today, the Act provides comprehensive penalties. Key provisions:

• Attempt to commit sati — imprisonment up to 1 year or fine or both (Section 3)
• Abetment of sati — death penalty or life imprisonment (Section 4)
• Glorification of sati (building temples, celebrating, performing ceremonies) — imprisonment 1–7 years + fine (Section 5)

8.4 Devdasi System

The Devdasi system involved the dedication of young girls (often from lower castes/communities) to temples as “servants of God.” In practice, this often meant their sexual exploitation by priests and wealthy patrons. The system has been abolished by state legislation in several states (e.g., Maharashtra Devdasi Protection Act, 1934; Karnataka Devadasi Prohibition of Dedication Act, 1982; Andhra Pradesh Devadasis Prohibition of Dedication Act, 1988).

Despite legal prohibition, the practice continues in parts of Karnataka, Andhra Pradesh, and Maharashtra. Women dedicated as devdasis often become victims of trafficking. Feminist scholarship has analysed the devdasi system as a form of institutionalised sexual exploitation justified by religious ideology — an intersection of caste, gender, and religious patriarchy.

📝 Important Questions for Exam

A. Short Answer Questions (2–5 marks)

1. Distinguish between “sex” and “gender” with reference to legal definitions.
2. What is gender dysphoria and what are its legal implications?
3. Define the private–public dichotomy and explain its relevance to feminist jurisprudence.
4. What is patriarchy? Explain its effect on men.
5. What is the “sameness and difference” debate in feminist jurisprudence?
6. Define “domestic violence” under the PWDVA 2005.
7. What is “dowry” under the Dowry Prohibition Act 1961?
8. What are the Yogyakarta Principles? What is their legal status?
9. Who is a “transgender person” under the Transgender Persons (Protection of Rights) Act 2019?
10. What are the key rights guaranteed to transgender persons under the Act?
11. State any four criticisms of the Transgender Persons Act 2019.
12. What is the significance of the NALSA judgment (2014) for transgender rights?
13. What were the Vishaka Guidelines and what legislation replaced them?
14. Define “sexual harassment” under the POSH Act 2013.
15. What are the key provisions of the Maternity Benefit Act 1961 as amended in 2017?

B. Long Answer / Essay Questions (10–15 marks)

1. Critically examine the impact of the public–private dichotomy on women’s rights in India with reference to key legislation and judicial decisions.
2. Discuss the evolution and significance of feminist jurisprudence in India. How does it differ from Western feminist theory?
3. Write a critical analysis of the Transgender Persons (Protection of Rights) Act 2019. Does it fully implement the directions of the Supreme Court in NALSA v. Union of India?
4. Examine the role of CEDAW in shaping Indian law relating to gender equality. What are India’s reservations and their impact?
5. Discuss the development of rape jurisprudence in India from the Mathura rape case to the Nirbhaya case. How have the law and judicial attitudes evolved?
6. Is marital rape a crime under Indian law? Critically examine the constitutional validity of the marital rape exception under BNS 2023 with reference to feminist jurisprudence.
7. Analyse the major feminist theories (liberal, radical, socialist/Marxist, eco-feminist) and their relevance to Indian feminist jurisprudence.
8. Critically evaluate the Protection of Women from Domestic Violence Act 2005 as a legal instrument for gender justice, with reference to significant judicial decisions.
9. Write a detailed note on reproductive rights of women in India with reference to the MTP Act 1971 and relevant case law.
10. Discuss the PC & PNDT Act 1994 — its objectives, key provisions, and effectiveness in addressing the problem of female foeticide in India.

C. Problem-Based Questions with Hints

1. Problem: Sunita, a transgender woman, applies for registration of her marriage with Ramesh (a man) under the Hindu Marriage Act. The Registrar refuses saying the HMA applies only to biological women. Advise.
   Hint: Apply NALSA judgment — gender identity determines legal gender; Arun Kumar v. IG Registration; Section 2(k) TPA 2019.
2. Problem: Priya reports to the ICC that her manager showed her obscene videos on his phone and made sexual comments. The ICC dismisses her complaint saying no physical contact occurred. Is the dismissal correct?
   Hint: Section 2(n) POSH Act — sexual harassment includes verbal, non-verbal conduct; physical contact not required; ICC should have conducted proper inquiry.
3. Problem: A couple married for 3 years is living separately under a court order. The husband forces sexual intercourse on the wife during a visit. Is this rape under BNS 2023?
   Hint: Section 67 BNS — sexual intercourse by husband upon wife during separation is punishable; not the same as full marital rape criminalisation but this specific provision applies.
4. Problem: An advertisement on a website claims to offer “100% accurate gender determination of your baby.” Can this be prohibited?
   Hint: PC & PNDT Act 1994 — Section 22 prohibits advertisement of sex determination techniques; Sabu Mathew George case — applies to online platforms.
5. Problem: A company employs 50 women but has not constituted an ICC. A female employee complains of harassment. What are the legal consequences for the employer?
   Hint: POSH Act Section 26 — failure to constitute ICC = fine of ₹50,000; employer liable for harassment occurring in absence of ICC; Aureliano Fernandes case directives.
6. Problem: A mother-in-law and sister-in-law physically assault Meera and demand dowry. Can Meera file a complaint under PWDVA against the women?
   Hint: Hiral P. Harsora case — PWDVA applies against female respondents; “respondent” is not restricted to adult males.
7. Problem: Kavitha is 23 weeks pregnant as a result of a relationship that ended. She is unmarried and seeks termination. Can she avail the benefit of MTP Act?
   Hint: MTP Act 2021 amendment — unmarried women included; “change in marital status” interpreted broadly by SC in X v. UOI 2023; up to 24 weeks for special categories; Article 21 reproductive autonomy.
8. Problem: A temple in Karnataka plans to celebrate a “devdasi dedication” ceremony. Can this be stopped?
   Hint: Karnataka Devadasi Prohibition of Dedication Act 1982; Commission of Sati Act analogy; Article 25 does not protect practices violating women’s dignity; AIADWA v. UOI principle.
9. Problem: An MNC runs a factory with 100 workers, 80% of them women, but has no creche facility. Advise.
   Hint: Maternity Benefit Act Section 11A (2017 amendment) — mandatory creche for establishments with 50+ employees; non-compliance is an offence under the Act.
10. Problem: Two men are arrested under Section 377 IPC for consensual private sexual conduct. Is this arrest valid?
    Hint: Navtej Singh Johar case 2018 — Section 377 struck down insofar as it criminalises consensual same-sex acts between adults; arrest without warrant for this cannot be sustained.

D. MCQ Practice (20 Questions)

1. The term “gender” refers to: (a) Biological characteristics (b) Social and cultural construct (c) Chromosomal identity (d) Medical certification of sex. Answer: (b)
2. The Transgender Persons (Protection of Rights) Act was enacted in: (a) 2014 (b) 2016 (c) 2019 (d) 2021. Answer: (c)
3. CEDAW was adopted by the UN General Assembly in: (a) 1945 (b) 1948 (c) 1979 (d) 1993. Answer: (c)
4. Section 63 BNS 2023 deals with: (a) Stalking (b) Rape (c) Dowry death (d) Voyeurism. Answer: (b)
5. The marital rape exception in Indian law means: (a) Marital rape is not an offence (b) Marital rape is fully criminalised (c) Marital rape is legal only if the wife consented at marriage (d) Marital rape is treated as grievous hurt. Answer: (a)
6. NALSA v. Union of India was decided in: (a) 2013 (b) 2014 (c) 2016 (d) 2018. Answer: (b)
7. The POSH Act 2013 requires an ICC in establishments with: (a) 5 or more employees (b) 10 or more employees (c) 20 or more employees (d) 50 or more employees. Answer: (b)
8. Section 497 IPC (Adultery) was struck down by the Supreme Court in: (a) Navtej Singh Johar (b) Joseph Shine (c) NALSA (d) Tuka Ram. Answer: (b)
9. The Yogyakarta Principles (original) were adopted in: (a) 2005 (b) 2007 (c) 2009 (d) 2017. Answer: (b)
10. Eco-feminism draws a connection between: (a) Women’s rights and capitalism (b) Domination of nature and domination of women (c) Formal equality and cultural identity (d) Individual freedom and religious autonomy. Answer: (b)
11. The Mathura rape case led to the: (a) POSH Act 2013 (b) PWDVA 2005 (c) Criminal Law Amendment Act 1983 (d) PC&PNDT Act 1994. Answer: (c)
12. Under PWDVA 2005, who can be a “respondent”? (a) Only adult males (b) Only the husband (c) Any adult person including women (per Hiral Harsora case) (d) Only in-laws. Answer: (c)
13. India ratified CEDAW in: (a) 1979 (b) 1981 (c) 1993 (d) 2000. Answer: (c)
14. The PC & PNDT Act, 1994 prohibits: (a) Pre-marital sex determination (b) Sex-selective abortion only (c) Use of pre-natal diagnostic techniques for sex determination (d) All use of ultrasound during pregnancy. Answer: (c)
15. Under Maternity Benefit Act 2017, how many weeks of maternity leave is available for the first child? (a) 12 weeks (b) 16 weeks (c) 22 weeks (d) 26 weeks. Answer: (d)
16. The term “private–public dichotomy” in feminist jurisprudence was most influentially critiqued by: (a) Betty Friedan (b) Carol Pateman (c) Kate Millett (d) Simone de Beauvoir. Answer: (b)
17. Section 70 BNS 2023 deals with: (a) Stalking (b) Sexual Harassment (c) Gang Rape (d) Voyeurism. Answer: (c)
18. The Hiral P. Harsora case clarified that under PWDVA the “respondent” can include: (a) Only male respondents (b) Only the husband’s family (c) Female relatives also (d) Only persons in a live-in relationship. Answer: (c)
19. The “sameness and difference debate” in feminist jurisprudence refers to: (a) Debate between liberal and radical feminists on pornography (b) Whether women should be treated identically to men or whether differences should be accommodated (c) Debate on reservations for women in parliament (d) Distinction between sex and gender. Answer: (b)
20. Navtej Singh Johar case (2018) dealt with: (a) Transgender recognition (b) Same-sex marriage (c) Decriminalisation of consensual same-sex acts (Section 377) (d) Transgender reservation. Answer: (c)

⚡ Quick Revision Summary

1. Key Definitions Table

2. All Legislation Covered

3. Landmark Cases Table

4. Golden Rules / Key Principles

• The personal is political — domestic/private sphere is not immune from legal intervention.
• Gender is a social construct; sex is biological — law must address both.
• Substantive equality (not just formal equality) is the constitutional goal — Article 15(3) enables affirmative action.
• Consent cannot be inferred from passive submission, silence, or absence of injury (post-Mathura reform principle).
• Gender identity is a fundamental right — NALSA 2014.
• Marriage does not imply irrevocable consent to sexual intercourse.
• CEDAW Article 5 requires states to modify discriminatory cultural patterns — not just discriminatory laws.
• Reproductive autonomy flows from Article 21 — X v. UOI 2023.
• PWDVA respondents include women — Hiral Harsora; residence right is limited to the husband’s shared household — Batra.
• Both patriarchy and law can be tools of oppression; feminist jurisprudence exposes and challenges both.

5. Memory Aids