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Shattering the Phallocentric Barriers: Examining Gender Jurisprudence in the Context of Women’s Reservation and Political Empowerment in India Rajeev Kumar Singh; Anushka Trivedi
QURU’: Journal of Family Law and Culture Vol. 3 No. 3 (2025)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v3i3.429

Abstract

The Women’s Reservation Act of 2023 represents a landmark legal effort to promote gender equality in India’s political system. Despite progress in education and employment, women’s political participation, especially among marginalized groups such as Dalits, tribal communities, and religious minorities, remains limited due to intersecting forms of discrimination. This study aims to analyze the impact of the Women’s Reservation Act on the political representation of marginalized women, examining how intersectionality shapes their experiences and the extent to which the law addresses structural barriers. The research employs a qualitative approach, including a thorough review of relevant literature, legal analysis, and case studies focusing on underprivileged women’s political participation. This method allows for an in-depth understanding of the Act’s implementation challenges and its effects on marginalized groups. The Women’s Reservation Act is a crucial step toward enhancing women’s political empowerment; however, its success in combating intersecting discrimination depends on addressing deeper social and institutional obstacles. The study highlights the need for targeted interventions and policy reforms to ensure that political inclusion under the Act genuinely benefits all women, particularly those from marginalized backgrounds, thus paving the way for a more inclusive and representative democracy.
Hindu Jurisprudence as The Basis and Source of Nepalese Family Laws: An Investigation Rajeev Kumar Singh; Jivesh Jha
QURU’: Journal of Family Law and Culture Vol. 2 No. 2 (2024)
Publisher : Pusat Studi Penelitian dan Evaluasi Pembelajaran

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59698/quru.v2i2.198

Abstract

Hindu jurisprudence has played an important role in the formation of the basis and source of family law in Nepal. This article conducts an in-depth investigation of how Hindu legal principles have influenced the regulation of family law in Nepal. Through careful analysis, it outlines the historical development of Hindu jurisprudence and the way its influence manifests in Nepal's family law provisions, particularly under the National Civil Code 2017. It explores the historical foundations of Hindu law and identifies its practical consequences in the Nepalese context, including possible incongruities between Hindu law and its regulations. In doing so, it provides a deep insight into the complexity of the interaction between Hindu legal traditions and the structure of family law in Nepal. This article discusses in detail the historical development of the recognition of Hindu jurisprudence under Nepal's family law. It illustrates how key laws, such as legal arrangements for marriage, adoption, maintenance, or division, are influenced by Hindu scriptures. The article explains the provisions of the family law (enacted under the National Civil Code, 2017) in light of Hindu laws and practices prevalent in India. It also presents inconsistencies between Hindu laws and embedded regulations. This research approach integrates as legal research with a socio-legal approach, and a thorough literature review to uncover the impact of Hindu jurisprudence on Nepali family law, particularly under the National Civil Code 2017. Through these methods, this article strengthens the understanding of the complex relationship between Hindu legal tradition and family law regulation in Nepal. The conclusion of this study highlights the importance of understanding the practical implications of the application of Hindu law in the context of Nepalese family law, as well as emphasizing the need for consistency and harmonization between Hindu law and applicable regulations to achieve justice in Nepal's evolving family law system.