INTRODUCTION
Eco-feminism, a term coined by Françoise d’Eaubonne in 1974, combines ecological sustainability with feminist advocacy, portraying the deep connections between the exploitation of women and the deterioration of nature. This intersection between feminism and ecology reveals how patriarchal structures have historically dominated both women and the environment, often in parallel ways.
Esteemed figures in literature and philosophy have long recognised the unique bond that women share with nature. Samuel Taylor Coleridge, for instance, described nature as “the preserver, the treasury of our delights,” emphasising its nurturing qualities. E.E. Cummings’ poem “O Sweet Spontaneous” portrays nature as a charming young innocent pursued by the relentless forces of Philosophy, Science, and Religion. At the same time, John Keats, in “To Autumn,” compares the seasons to “a pretty damsel who filters through the fields and takes a snooze on the granary floor,” illustrating the gentle, life-giving aspects of women and nature.[1]
Eco-feminism, as a movement gained momentum in the 1970s and 1980s, especially in India, where women-led environmental movements like the Chipko Movement and Narmada Bachao Andolan brought global attention to the cause[2]. The movement emerged as a response to the perceived connections between the exploitation of the environment and the oppression of women. Eco-feminism has since transitioned from a marginalized ideology to a significant influence on mainstream legal and environmental policies.
LEGAL FOUNDATIONS OF ECO-FEMINISM IN INDIA
Eco-feminism in India finds its roots in the rich blend of cultural practices, grassroots activism, and progressive legislation. Traditional ecological knowledge practised and practiced, especially by the tribal women forms the basis of eco-feminist principles in India. Women are regarded as the epitome of nature because of the nurturing value they possess. In many indigenous tribes and communities, women play a crucial role in protecting natural resources, reflecting a deep ecological consciousness and respect for nature.
One of the most prominent examples of eco-feminist activism in India is the Chipko Movement of the 1970s, where rural women in Uttarakhand laid down their lives to protect the trees and nature. This movement underscored the vital role of women in environmental conservation and highlighted the intersection of gender and ecological issues. Vandana Shiva, an Indian activist, has been instrumental in promoting eco-feminism in India. Through her works, she has advocated for recognizing women’s contribution to environmental sustainability and critiqued global policies prioritizing profit over ecological and social welfare.[3]
LEGISLATIVE AND JUDICIAL RESPONSES TO ECO-FEMINISM IN INDIA
The Indian legislative and judicial framework has evolved considerably to incorporate some of the progressive principles of eco-feminism in India. Legislative measures such as the Forest Rights Act[4], which recognizes and provides land rights to forest-dwelling communities, particularly women, reflect the essence of eco-feminist principles, by empowering women and promoting sustainable forest management, within the legislative structure of India. Another such legislation is MGNREGA[5] which emphasizes women’s participation in ecological restoration projects, highlighting the link between gender equity and environmental sustainability. Also, the Environment (Protection) Act, of 1986, provides a comprehensive framework for environmental regulation, acknowledging the symbiotic relationship between humans and nature.[6]
Furthermore, the judiciary has played a crucial role in advancing eco-feminist principles through its proactive stance on environmental issues. The Hon’ble Supreme Court, in the landmark case of Vellore Citizens Welfare Forum v. Union of India[7], recognized the principle of sustainable development and the precautionary principle, emphasizing the concept of environmental justice for marginalized communities. Another significant case is Medha Patkar & Ors v. State of Madhya Pradesh[8], in which activist and leader of the renowned Narmada Bachao Aandolan, Medha Patkar argued for the rights of indigenous and local communities affected by the construction of dams on the Narmada River. The court’s ruling on the case underscored the need for comprehensive rehabilitation plans, rehabilitation reflecting eco-feminist concerns about social and environmental justice.
In Narmada Bachao Andolan Case[9] the SC dealt with the environmental and social impacts of the Sardar Sarovar Project. Although the Hon’ble Court granted the continuation of the project, the court further highlighted the importance of environmental impact and the rights of affected communities, therefore aligning with eco-feminist advocacy for inclusive and participatory decision-making processes. Thus, the proactive role of the judiciary in addressing social environmental justice has laid down the basis for eco-feminist legal mechanisms in India.
ECO-FEMINISM’S IMPACT ON ENVIRONMENTAL LAW AND POLICY IN INDIA
The influence of eco-feminist principles on contemporary environmental law and policy is evident in several key segments, including climate change legislation, biodiversity conservation, and sustainable development policies.[10] Climate change legislation underscores eco-feminist concerns. The National Action Plan on Climate Change (NAPCC), launched in 2008 outlines eight National Missions on climate change. This plan not only incorporates the principles of equity, and justice but also identifies women as vulnerable subjects of climate change. This alignment with eco-feminist concerns portrays the importance of integrating gender equality into climate policy.
Biodiversity conversation measures resonate with eco-feminist principles. Initiatives such as the National Biodiversity Strategy and Action Plan (NBSAP) emphasize the role of local and indigenous communities, many of whom are women, in conservation efforts. It further recognizes the value of traditional knowledge and practices, aligning with eco-feminist principles of inclusive and equitable environmental policies.
Furthermore, sustainable development policies increasingly reflect the interconnectedness of social, economic, and environmental well-being, a core tenet of eco-feminism. The United Nations Sustainable Development Goals (SDGs) highlight the importance of integrating gender equality and environmental sustainability. Particularly, SDG 5 (Gender Equality) and SDG 15 (Conserving Life on land) are two important goals of UNSDGs[11], highlighting the need for inclusive and sustainable practices that empower women and preserve natural resources.[12]India’s commitment to these goals has been evident in its various development programs that integrate gender equity with environmental conservation.
CONCLUSION
From margins to the mainstream, eco-feminism has become a vital lens through which we examine the intersection of gender and environmental justice in India. Although the country does not yet have exclusive legislation or policies explicitly incorporating eco-feminist principles, its legal and policy framework is gradually evolving, Progressive judicial precedents and legislative policy increasingly reflect eco-feminist values, advocating for sustainable development that prioritizes the needs and rights of women and marginalized communities. This shift heralds a more inclusive and equitable approach to environmental governance, ensuring that diverse voices are integral to the nation’s pursuit of sustainability and justice. As India continues to evolve, the inclusion of eco-feminist principles into the legal framework and policy-making promises a more just and sustainable future.
Author(s) Name: Janvi Kapoor (Chhatrapati Shahu Ji Maharaj University (C.S.J.M.U), Kanpur)
References-
[1] Dr.Gursimran Kaur, ‘Ecofeminism in the Context of Modernization in Indian Perspective: A Review’ (2019) 6 (2) Journal of Critical Reviews <https://www.jcreview.com/admin/Uploads/Files/621ec05561c831.80293036.pdf> accessed on 16 June 2024
[2] Gowri Parameswaran, ‘A History of Ecofeminist-Socialist Resistance to Eco-crisis in India’ (2022) 24(2) Journal of International Women’s Studies <https://vc.bridgew.edu/cgi/viewcontent.cgi?article=2889&context=jiws> accessed on 17 June 2024
[3] Vandana Shiva, Earth Democracy: Justice, Sustainability, and Peace (Zed Books,2005)
[4] Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006
[5] Mahatma Gandhi National Rural Employment Guarantee Act 2005
[6] The Environment (Protection) Act 1986
[7] Vellore Citizens Welfare Forum v Union of India (1996) 5 SCC 647
[8] Medha Patkar & Ors v State of Madhya Pradesh and Anr (2007) 4 MPHT 219
[9] Narmada Bachao Andolan v Union of India (2000) 10 SCC 664
[10] Parul Madan and Priya Wadhwa, ‘Ecofeminism: A journey towards Environmental Justice’ (2022) III HPNLU Journal of Environment and Disaster Management <https://www.hpnlu.ac.in/PDF/7c1eadad-ab2e-4763-8d7c-1cf8203963b2.pdf> accessed on 16 June 2024
[11] United Nations, ‘Sustainable Development Goals’< https://www.un.org/sustainabledevelopment/> accessed on 21 June 2024
[12] United Nations, ‘Transforming our World: the 2030 Agenda for Sustainable Development’ (21 October 2015) <https://sdgs.un.org/2030agenda> accessed on 22 June 2024