What is equality? Investigating sex equality under law through a feminist jurisprudential lens

Abstract

In this paper I aim to analyse conceptions of sex equality under law, and its discontents through a feminist jurisprudential lens. I firstly lay down the core ideas of feminist jurisprudence and then proceed to use that framework to analyse and discuss various Indian cases that involve a question of sex discrimination. Finally I trace the development of court’s reasoning in sex discrimination cases from a separate sphere theory approach to a transformative understanding of equality.

Keywords: Feminist jurisprudence, equality, discrimination,