A group comprising nine persons, namely, Prof. Nilima Chandiramani, Prof. B.P.
Srivastava, Dr. Aparna Srivastava, Dr. R.C. Borpatragohian, Ms. Abha
Kulshresta, Dr. J.K. Ashnakumari, Dr. Jaya Sagade, Ms. Bapu Deedwaria and Prof.
Susheela Kaushik discussed the course curriculum for the LLM course based on
the curriculum devised by the CDC of the UGC. The curriculum devised by the UGC
proposes six papers, each of which was discussed by the group.
The group of the papers proposed by the UGC curriculum is titled 'FEMINIST
CRITIQUE OF LEGAL ORDER'. Ms. Abha Kulshresta expressed the view that the word
'CRITIQUE' is inappropriate. Prof. R.C. Borpatragohain agreed with this view
and an alternative title 'FEMINIST LEGAL ORDER' was suggested for the group of
papers which was accepted.
It was pointed out during the discussions that law students who have completed
the three year course would not be familiar with sociology or any of the other
social sciences. Therefore, the curriculum should be developed taking the
aspect into account and students should be acquainted with the basic concepts.
The curriculum, after incorporating the changes suggested by the group in the
curriculum devised by the UGC, is as under :
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The title of the paper was changed to THEORIES OF FEMINISM
as the original title was found to be inappropriate.
-
It was agreed that the object of the paper should be for the student to
familiarize himself/herself with the concept and different theories of
feminism.
-
It was found appropriate to include a topic on 'CONCEPT OF FEMINISM'
in the introductory chapter in order to acquaint students with the concept.
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The group agreed to retain topics on liberal, Marxist, Radical and Socialist
feminism.
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The majority of the members of the group felt that the bibliography should
include a balanced list of books by both Indian and foreign authors.
It was suggested that an expert sociologist should be consulted to prepare a
course for the first paper.
The following changes were proposed to be made in the second paper -
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After a long discussion on the title of the paper, the group decided to change
the title to GENDER EQUALITY DURING NATIONAL STRUGGLE.
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The chapter on 'Position of Women in Early Societies' was considered to be an
adequate introduction to the paper and a sub-topic on the position of women in
Medieval India was added.
-
The chapters on Women's Participation in the Nationalist Movement Before
Gandhiji and Gnadhiji and Involvement of Women in the Non-violent women were
merged into a single chapter entitled - involvement of women in the Non-violent
Movement and one of the sub-topic (originally 8.3) was omitted.
-
In the chapter on Constitutional Guarantee of Equality, the group decided to
omit the first three topics and retain the topic on special provision for women
put in the Preamble, Fundamental Rights and Directive Principles so that
special steps could be taken to improve the position of women and bring them at
par with men.
In the third paper entitled PATRIARCHAL ELEMENTS IN INDIAN LAW, the
following changes were proposed -
-
It was decided to omit the fourth sub-topic in the introductory chapter i.e.
'Changing nature of feminist struggle challenges - the very notion of
femininity and masculinity as mutually exclusive biologically determined
categories'.
-
It was found relevant to include the Domestic Violence Bill as a topic of study
under the head ''he patriarchal character of public or private dichotomy''.
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In the chapter entitled Patriarchal character of criminal law, members of the
group proposed the inclusion of certain statutes, namely, Child Marriage
Restraint Act, Pre Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act, Medical Termination of Pregnancy Act, Indecent Representation of Women
(Prohibition) Act, Domestic Violence Bill, Sexual Harassment of Women at Place
of Work (Prevention) Bill, Atrocities against Dalit Women.
-
In the chapter on Constitution, Constitution making and patriarchy, topics of
'Constitution contains no special rubric 'women' and 'women specific Articles
in the whole Constitution were omitted as they were found to be repetitive.
-
In the chapter on legislative process and patriarchy, the Domestic Violence
Bill was included and in the chapter on Judiciary and Patriarchy, it was found
that including a topic on case law would be relevant.
-
In the chapter on Patriarchal character of legal administration, the world
'women dacoits' was replaced with women criminals' and the topic on patriarchal
character of judicial administration was deleted.
PAPER IV: GENDER JUSTIC STANDARDS AT INTERNATIONAL LAW
Changes proposed -
-
The word 'hour' was omitted from the title of Topic four 'Internal Labour
Organization and Rights of Women.'
-
In Chapter 5, the word 'political' was omitted from the title and an additional
sub-topic 'other conventions relating to women' was added.
-
A new chapter, Chapter 7 was added, pertaining to Economic Exploitation of
Women (see Annexure for sub-topics)
PAPER V: LABOUT, GENDER AND THE LAW
Changes proposed -
-
A new chapter, Chapter 3 was introduced regarding labour laws (see Annexure) as
it was felt that insufficient coverage was given to this topic.
-
In topic 2.3 of Chapter 2, the special reference to Beedi and Cigar Workers Act
was done away with as it felt that this would limit the scope of the study of
home based production.
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A sub-topic on other case studies was added to the chapter on case studies in
order to encourage a thorough case study.
-
The Shram Shakti Report was included in the Bibliography.
PAPER VI: POPULATION PLANNING AND GENDER JUSTICE
Changes proposed -
-
The sub-topic 2.46 on the Uniform Civil Code and population planning was
omitted.
-
In Chapter three, the word 'unfit' in sub-topic 3.7 was replaced by 'Mentally
and Physically Challenged'.
CONCLUSION
Prof. Nilima Chandiramani took the responsibility of devising a Bibliography for
the prescribed curriculum.
Dr. Jaya Sagade suggested that the Pune University could be consulted for
sociologist for framing the curriculum for the first paper.
The following suggestions were made during the presentation of Reports -
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Post colonial feminist theory should be discussed at greater length.
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"Women in Armed Conflict' should be included in the paper on Gender Justice
Standards at international law.
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Third world feminism should be included.
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The Juvenile Justice Act should be included as a tope in the patriarchal nature
of criminal.