Gender Neutrality of Law is a Myth

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Gender Neutrality of Law is 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 marginalised 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 and its ability to remain impartial. However, recognising the permeable nature of the legal structures, it concludes with seeking to portray the everyday influence of social rituals and customs that help determine the true character of the law. Thus, the law inherently possesses the capacity to construct or deconstruct, include or exclude, remain neutral or gendered in nature.

Historically tracing the patriarchal tradition from the writings of Plato and Aristotle, it has been gathered that traditionall...

... middle of paper ...

...ws reinforce existing social relation, which are gendered power relations, the law reinforces gendered social relations played within cultural contexts, thus excluding women from participating in public rights to a large extent. Thus, the law offers a piece meal solution as it does not recognize the interest in a culturally coherent whole.

In conclusion, the inherent paradox that exists in the principle of the ‘Rule of Law’ seems to be camouflaged as a result of its supposedly pragmatic nature. It is unlikely that the emancipation of women from the web of gender social structures can be addressed by a simple solution generated by the recent movement towards positive affirmation.

Thus, until the legal structures take cognisance of the social context that indirectly defines the array of power relations, the gender neutrality of law, will perhaps, remain a myth.

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