Abstract
This paper gives a vivid picture of radical feminism and its role in growth of family law. It eulogize how the radical feminist took the root cause of gender discrimination – Patriarchal structure, and sought to uproot it which liberal feminism failed to do. It has reshaped the attitude of society towards rigid gender norms by logic and facts. This research paper has debunked some of the myths spread about radical feminism and throw a light upon the reality which includes contrary to Myths. And it has highlighted the contributions made by radical feminism through case laws like Roe v. Wade. And embrace the remarkable feminist Activism through the works of Radical feminists like Catherine MacKinnon and Andrea Dworkin.
Keywords:
Radical feminism, Patriarchal structure, feminist Activism, Myths, gender norms, family law
Introduction
The term Radical feminism comprises of two words within it, ‘radical’ and ‘feminism’. Each of this words have wide interpretation by different activists and theorists. But if we go by the simple definition of the words ‘radical’ and ‘feminism’ , the term radical means the fundamental change in the society or we can say it means to bring a revolutionary change in society which is backed by disruption in structure of society. While the term ‘feminism’ generally means equality between men and women.
For Radical feminists right over their body was the fundamental right but for these same feminists right to prostitution was a symbol of Patriarchal denomination. But for other Radical feminists prostitution also meant the right over their own body, women should be free to do whatever they want to do with their bodies.
Radical feminism emerged in late 1960s as a response to the limitations imposed by liberal feminism in the United States of America. It seeks to overthrow the Patriarchal structure of society which is the root cause of gender discrimination. Although liberal feminism is the most popular stream of feminism, but it was not influential. It was Radical feminism which brought changes in law to provide for equal rights between men and women.
In 1962, the American President John. F. Kennedy in a television discussion upon the establishment of Commission on the Status of Women (1961) commented “ We want to be sure that women are used as effectively as they can to provide a better life for our people, in addition to their primary responsibility, which is in the home”.
Till 1960s the people had accepted the women to be working but still they wanted when a woman is married then she should prioritize her husband and children and be a dutiful mother and wife. Though in case of men whether they are married or unmarried their first priority was to work in office and to serve the country and to contribute in its economy.
Radical feminists like Katherine MacKinnon and Andrea Dworkin have extensively criticized how family law perpetuated Patriarchal ideology.
Family law governs the family matters and domestic relations. Within it there comes various issues such as Marriage, Divorce, Succession, Guardianship, and Adoption. If we go back to the history Marriage was established as an Institution which was created by man for their desire to know the Paternity of child . And that can be the reason why women’s virginity and sexuality was something sacred but not of man. The institution of marriage was a monogamy just for woman but for man it was polygyny. As the social structure took a rigid form the women were took as property of men, till their maidenhood she was property of her father and when got married she was transferred to her husband. In earlier times even raping a woman who was neither married nor had a father did not constitute any punishment because when a married woman or girl who had a father was raped it was a crime against that father and husband because there was interference with the use of their property.
Similarly Divorce was not granted to women even if her husband abused her. Before Radical feminism liberal feminism also took this issues and sought to fought for equality between men and women. But their agenda was not to overthrow the social structure but to remain in that social structure and demand equal rights for individual. It didn’t wanted a revolutionary change in society. And neither liberal feminism brought any significant change in society which led to the radical feminism to took the cause in their hands and they sought to overthrow the social structure ‘Patriarchy’ which was the root cause for all the societal problems related to women . Significant contributions which radical feminism in changing the society are abortion rights to women, Equal rights amendment, access to credit, equal pay, took the cause of lesbians.
In essence, Radical feminism and family law are deeply connected with each other as Radical family law deals with the rights and liabilities of women. Radical feminism’s active movement to bring equal laws for both men and women in the domain of subjects such as marriage, divorce, custody, guardianship, and succession have changed family law with more equitable laws.
Research Methodology:
This paper is of descriptive nature and the research is based on secondary sources for the deep analysis of Impact of Radical feminism on changing the Patriarchal structure of society in the domain of family law. Secondary sources like Books, Articles, and websites are used for the research.
Review of literature
Radical feminism have focused upon the root cause of exploitation of women started from the very beginning of institution of marriage. The institution of marriage made in the keen desire of men, established strict emphasis on women’s virginity and fidelity. Gradually, as much women’s honor and dignity began to be associated with her virginity which became the easy target for men of other groups during wartime to rape the women of the adversary group. It led to seeking of protection of women by men. With the male becoming the protector of the females members gradually established Patriarchal society.
When the society began to be governed by patrilineal descendants it weaken the position of female further. Women were made restricted to look after children only and fulfill the requirements of her husband. Men didn’t wanted women to get out of their homely duties because they knew if they too began to work outside and became financially independent it will cause the subordination of men. Hence they restricted the women to only house and hearth by giving logics such as nature has made women to be mothers hence they need to care about the house and children. They were not allowed to education as it will open their ideas and lead to the questioning of established Patriarchal structure.
Radical feminism has argued that nature has made the women the child bearer but nowhere the nature has made the rule that it means that women will only take care of children. And even if women is supposed to take care of house and hearth why she is not the head of the house? When it is a women who is bearing the children and upbringing them, she is the one who is leading to the survival of the generation of a family. Logically the society should have been matrilineal. Many conservatives criticize feminism that they eulogize the women who work in a office but they fail to understand that bringing up another human being is far greater work than working in offices. Radical feminism have argued in its answer it was the conservatives itself degraded the position of who did upbringing of children because it were conservatives laws that said women should obey her husband, a women was equivalent to slave and property of men. And conservatives had themselves given the higher position to men who work outside if bringing up children and doing household chores was such a great work why men were not allowed to do so and why women was equivalent to slave.
Modern feminists have took up the issue of Marital Rape as well. Again why the marital rape is not criminalized because the woman is considered to be the property of a man. And all those who argue that when you are going to marry someone it ultimately amounts to your consent for sexual relationship. But they fail to understand that marriage amounts to sexual relationship established by consent and not force. And marriage does not only means sexual relationship. It is a sacrament in Hindu religion. It comes with the establishment of relationship of love and affection between two families as well as two individuals.
Radical feminism has fought for the increasing penalties for men who do domestic violence. Domestic violence was something which was not taken seriously and violence was considered to be the act of a masculinity which was justified. And women were supposed to tolerate the violence because they were taught to be shy, silent, and obedient. Although it has no logic why men were supposed to be violent and women to be silent. These are gender stereotypes which are made by society not nature.
Kate Millett was a second-wave feminist best-known for her book ‘Sexual Politics’, widely viewed to be the movement’s manifesto.
In ‘Sexual Politics,’ Millet criticized the western world for its Patriarchy. In her words, sex-based oppression is both political and cultural. To support her argument , Millett portrayal of women (particularly lesbian women) was therefore largely degrading. Millett thinks that Patriarchal society needs to be overthrown. And she also has claimed to undo Patriarchy the very first thing will be to abolish the rigid the domestic division of labor. She felt that that gender norms has to be changed for equal rights for women in society. This line of argument was prevalent amongst many other second-wave feminists such as Germaine Greer (who once predicted that “women will [only] be free when they have a positive definition of female sexuality”) and contemporary writers like Nikki Gemmell (author of ‘The Bride stripped bare’).
Feminist Andrea Dworkin was always seen as someone anti-sex or sexless. She had always been under scrutiny and wide criticism for her bold opinions and works like ‘Intercourse’. She was only supported for her opinion against pornography which was similar to conservatives ideology.
The writer Shulamith Firestone published her feminist manifesto, The Dialectic of Sex: The Case for Feminist Revolution. It became a center of sensation. This manifesto talked about creation of artificial wombs. She believes that “pregnancy is barbaric”. According to Firestone pregnancy is one of the root causes of exploitation of women. She was mocked by the critics for her such opinions. Firestone was a Canadian born woman and arts student. She was also the member of women’s liberation movement when she published her first manifesto. She’s famously known as a second wave feminist which came in the late 19th century. And, as part of her imagining of a utopian future that had solved the problem of gender inequality, she proposed that biological reproduction be replaced with the development of embryos in artificial wombs – in order to free women from “the tyranny of reproduction”.
Influence of Radical feminism in judicial decisions
Roe v. Wade, It was a landmark decision of United States of America’s Supreme court. It is even one of the most well known cases of the world. Supreme court held the right to abortion as right which cannot be denied to women. However, there was a lot of controversy about the decision of the US Supreme court. While some praised the Supreme court’s decision but some were condemning the decision as it was against religious values of Christians, moral, and ethical values. But still it’s a landmark decision and it’s impact was seen when after ten years of this decision crime rates drastically reduced in US.
Meriton Savings Bank v. Winson, this one is also a landmark decision of US supreme court. It turned over the district court’s decision. It recognized the offence of sexual harassment as violation of Title VII of Civil Rights of 1964. This decision of Supreme court provided a better environment for women at workplaces to promote participation of women at workplaces. This decision holds a significant importance because if women were not provided rights at workplace it could have been very easy for men to discourage the women from working outside by threatening them they may also face such problems if they went to work. Radical feminists’ activism around workplace harassment and the broader power dynamics between men and women influenced the legal understanding of sexual harassment as a form of sex discrimination.
Independent Thought v. Union of India the society had filed a petition under article 32 of the constitution. The petition sought to protect the rights of those girls who were married between the age group of 15 to 18. Section 375 of Indian Penal Code has an exception in it. The exception exempts the husbands of a girl aged between 15 to 18 from the offence of rape. It brutally discriminated the girls of this age group and it violated their right to equality. And the court struck down the exception as it violated the Article 14, 15, and 21 of the Indian Constitution. It was also a landmark decision to protect the rights of female as it gave a license to such wrong-doers to commit a crime. And it someone has married a girl between 15 to18 is itself and illegal act and then giving such person right to commit an offence is a highly offensive wrong.
This decision was seen as the recognition of Radical feminist demands since 1960s to the right of women on their bodily autonomy.
Lata Singh v State of Uttar Pradesh The case of Lata Singh v. State of Uttar Pradesh is a landmark judgment in the legal history of India. In this case a woman was allowed to choose her own partner. This case also gave recognition to live in relationship. It protected a woman who was tortured by her family members for marrying a man of her choice. The Supreme court gave judgement in favor of the woman.
This case is of importance as Radical feminism had fought for the right of adult women to choose their own life partner and take their life’s decisions.
Debunking the myths about radical feminism
Despite the advancement in technology and growth in education rate, there is a section of society which sees the Radical feminism as threat to the religious institutions. It feels that there should be no advancement and equality in social institutions as it is rigid and proponent of status quo. It is also spreading the misinformation and hatred towards Radical feminists through social media. Here are some of the myths about Radical feminism:
Myth 1: Radical Feminism is Anti-Men
Reality: Radical feminism is critical of Patriarchal People not individual men. It is not female oriented movement, it has men as well who are feminist. Today we know of various men who are feminist like Parker Pillsbury.
In the case of Vishaka v. State of Rajasthan, the Vishaka Guidelines were implemented to protect the women and men from sexual offences at workplace. These guidelines were not just for the protection of women from sexual offences but rather it includes both women and men under it’s protection
Myth 2: Radical Feminism seeks to destroy the family unit
Reality:: Radical feminists aim to transform family structures to promote equality and eliminate gender-based oppression. It strengthens the family structure by providing an environment where both husband and wife have equal rights, which reduces the likelihood of abuse against women and leads to the healthy upbringing of children.
Myth 3: Radical Feminism hates traditional roles
Reality:: Radical feminism seeks equality, advocating for equal opportunities and rights. Radical feminists argue that both women and men should have equal opportunities to perform the roles they want. Rather than restricting women to do household chores and men to work outside home, it emphasis upon women should also perform outdoor activities while men should also be given the opportunity to do household chores and help the women in the house. It make an equitable and healthy environment in family and teaches the values of love, care , and affection among family members. And dividing up of the roles make both men and women realize the importance of each other.
Myth 4: Radical Feminism is not longer necessary
Reality:: Many people argue that feminism is not longer relevant as there are equal laws for both women and men. But they fail to recognise that still there persists inequality between men and women in reality in terms of reproductive rights as we have seen by the turnover of Roe v. Wade and there gender pay gaps still.
The Nirbhaya Case involved the brutal gang rape and subsequent death of Jyoti Singh (Nirbhaya), which led to widespread legal reforms in India, including the Criminal Law (Amendment) Act, 2013. The reforms expanded the definition of rape and introduced stricter punishments for sexual offenses. This case highlighted the ongoing relevance of radical feminist principles in addressing gender-based violence and advocating for legal changes to protect women.
Myth 5: Radical Feminism is all about Rights for females
Reality:: Radical feminism also addresses the intersectionality of race, class, and sexuality.
In the case of Navtej Singh Johar v. Union of India, the Honourable Supreme Court decriminalized homosexuality. Homosexuality have always been an issue which was unredressed for long time and from the history of Radical feminism it can be clearly seen that radical feminism have fought for rights of homosexual people.
Myth 6: Radical Feminists hate makeup, fashion, and feminity
Reality: Radical feminism does not hate makeup, fashion and feminity rather it embraces it as a personal choice of each and every individual. It argues that men also have the right to do makeup, and fashion A man can also be of feminine nature and while a woman can also be of masculine nature. It is a myth in itself that there is a vast difference between nature and personality of men and women while according to reports majority of population is an average of both masculine and feminine features.
Suggestions
There was a time during the late 1960s when Radical feminism was eulogized for its radical approach and working upon the root cause of gender issues, but unfortunately nowadays due to lack of right information people are criticizing radical feminism. All through the social media there is a section of society which is targeting the stream of feminism altogether but radical feminism is the most targeted one. To inform young students about the feminism and it’s waves there should be a particular subject upon gender issues in school syllabus. If we include such subjects in school curriculum it will enlighten youths about the gender inequality and how these problems can be solved.
Another way to enlighten the youths about feminism would be to have strict actions against those content creators who spread any kind of wrong information which can incite hatred against a particular race, religion, caste, and sex. And there should be an activity as well in the schools where children should be shown a particular video and asked questions such as how this particular video misinforms about a particular subject.
By including these two ways we can solve the problems of gender inequality and create awareness among people about concepts of equality and justice in an effective manner to some extent.
Conclusion:
In conclusion, this paper has elucidated the significant impact of radical feminism on challenging patriarchal structures within family law. This research paper has tried to give a brief introduction of Meaning and history of Radical feminism alongwith it’s role in changing and reshaping the structure of society with the restructuring of attitude of people towards women. Debunking the myths about radical feminism is the most important aspect of this paper as people generally perceive of radical feminism in a degraded mode nowadays due to widespread misinformation about the same. This paper has tried to remind people of the contribution of radical feminism in today’s equitable society and also to embrace them for their feminist Activism.
RICHA PATHAK
S. S. Khanna Girls’ Degree college