Eco-Feminism and the Indian Legal System: A Critical Analysis of Judicial Approaches

Authors

  • Sakshi Author

Keywords:

Exploitation, Eco Feminism, Ecology, Jurisprudence

Abstract

In India, where environmental degradation and gender inequality are pressing challenges, the need for a unified approach that addresses both issues is increasingly critical. Although environmental and women's rights laws exist, they often operate in isolation, limiting their impact on the lives of women, especially those from rural and tribal communities who are heavily dependent on natural resources. This separation within the legal framework fails to capture the intertwined nature of environmental exploitation and gender-based oppression. Furthermore, while the Indian judiciary has made strides in recognising marginalised communities' rights through landmark judgments, persistent issues such as fragmented laws, patriarchal biases, and enforcement barriers undermine the realisation of eco-feminist principles in practice. This paper aims to bridge these gaps by examining how eco-feminism can inform and strengthen India's legal and social landscape. Through an analysis of key legislative frameworks and significant Supreme Court judgments, it explores the role of the judiciary in promoting eco-feminism and considers how an integrated legal approach could better support the intertwined goals of gender equality and environmental sustainability. In doing so, this study highlights the potential for eco-feminism to shape a more holistic, inclusive, and resilient approach to justice in India, benefiting both society and the environment. 

 

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Author Biography

  • Sakshi

    Research Scholar, 4th Year Ph.D., Department of Laws, Central University of Haryana.

References

1. S. Jain, Women and People's Ecological Movement: A Case Study of Women's Role in the Chipko Movement in Uttar Pradesh, available at: http://www.jstor.org/stable/ 4373670 (last visited on July 30, 2024).

2. Ayush Pandey, "Gender and the Legal Discourse: Exploring Indian Laws and Cases" 4 International Journal of Human Rights Law Review (2024).

3. Ranjeeta Mukherjee, "Eco-feminism: Role of Women in Environmental Governance and Management" 1 GJLS (2023).

4. Roberto Mangabeira Unger, The Critical Legal Studies Movement 45 (Harvard University Press, United States, 1986).

5. Leti Volpp, Feminism versus Multiculturalism, available at: http://scholarship.law. berkeley.edu/facpubs/9 s(last visited on September 4, 2024).

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Published

2024-12-31

Issue

Section

Research Article

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