Feminist Legal Theory Essay

1102 words - 5 pages

Introduction
To call women the weaker sex is a libel. It is man’s injustice to women. If by strength is a man’s strength brute; then indeed is a woman less brute than man. If by strength is meant moral power, then woman is man’s power, as she has better intuition. Is she not more self sacrificing? Has she not greater endurance? Has she not greater courage? Without her, man could not be. If non violence is the law of our being, the future is with women. Who can make a more effective appeal to the heart than women?’’ Mahatma Gandhi- Mind of Mahatma Gandhi, 1960
Feminist legal theory
Women have been the core of discussions on the gender topic and still are, the question is ...view middle of the document...

Previously before this apprehension, marriage was perceived to be a safe haven where rape couldn’t exist. The justification behind this was that, a woman gave her general consent to sexual intercourse with her husband when she married him. This wasn’t the case however as women could be forced to have intercourse even when it was against their wish and violated their rights. Gandhi speaks of violence in general; marital rape is one o f the many forms in which violence is perpetuated to women in society. Marital rape is the least expected form of violence expected to pop up in violence against women dialogue. It’s my best guess that, if the unspoken /least spoken has been dealt with, then, the most common and identifiable forms of violence against women have been dealt with.
Society has realised the imperative role women play in society and this has come with many reforms. Women empowerment programmes are a common attribute in society today to be ignored not to exist even by the least keen people on detail. Equality of the sexes has been the pivotal discussion in making sure women are not discriminated because of their sex. In Kenya there are the women empowerment programmes in the various forms- uwezo and women enterprise fund among other non-governmental initiatives-they come in.
Time has come that, women should stop arguing of their sameness with men to access all that men can by virtue of their sex. This can be used as a powerful tool in dehumanising women. There exists the inability to house actual differences between men and women, such as women’s reproductive capacity. When women are constantly being compared to men in order to assess whether they have been treated equally or not, the fact of pregnancy can operate as a reason for different and unequal treatment. This then means that equality must value and accommodate difference if feminism is to achieve significant purpose. Taking the Kenyan example in seeing how different treatment is in play, there exists ‘women empowerment programme ‘and not ‘male empowerment programme’.
The recently enacted Matrimonial property Act (2014) emphasises on the equality of spouses in a relationship. In case of a divorce, the spouses are to divide the matrimonial property equally that they acquired during the subsistence of the marriage. Money as a contribution to the acquiring of matrimonial property by the woman is not of quintessence. Contribution has been elaborated...

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