Why liberal feminist law fail women volunteers in India and the United States: Between activism and complicity

Authors

Amanda L. Stephens, St. Mary's Univserity School of LawFollow

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Publication Date

Spring 2025

Description

In this section from my book, Women Volunteers in India and the United States: Between Activism and Complicity, I examine the potential and limitations of liberal-feminist laws in India and the United States to achieve gender equality. Liberal feminism, a strand of feminist thought, argues that gender equality can be achieved by reforming existing legal and political systems. For instance, a liberal-feminist approach to eradicating workplace sexual harassment might involve passing laws like Title VII of the Civil Rights Act of 1964, which allows employees to seek redress for harms caused by such practices.

Drawing on data from legal texts, feminist writings, interviews, and ethnographic observations of feminist activists in northern India, I argue that while liberal feminism offers a pragmatic strategy by working within existing patriarchal structures, this reliance on patriarchal systems is also its greatest weakness. My analysis of liberal-feminist laws in two vastly different democracies reveals that they often fail to create gender-equitable conditions because they emerge from and operate within patriarchal, male-privileging social systems. Instead of dismantling systemic inequalities, these laws frequently reinforce existing hierarchies and predominantly benefit society’s most privileged groups.

I propose an alternative feminist approach to addressing gender inequality—one that focuses on transforming the underlying sexist social structures rather than addressing isolated issues through piecemeal legal reforms. This broader approach could more effectively address interconnected issues like gender violence and pay inequality, moving toward comprehensive social change rather than lackluster legal solutions.

Keywords

Amanda L. Stephens, St. Mary’s University School of Law, Women Volunteers in India and the United States, Between Activism and Complicity, liberal-feminist laws, India, gender equality, liberal feminism, gender equality, legal reforms, workplace sexual harassment, Title VII, Civil Rights Act of 1964, legal texts, feminist writings, ethnographic observations, feminist activists, patriarchal structures, social structures, gender violence, pay inequality, comprehensive social change

Digital Publisher

Digital Commons

Collection

Showcase Presentations-2025

Format

Pdf

Medium

Powerpoint