J.S Mill the most philosophical thinker of the Enlightenment era’s liberalism dedicated his thought to achieving equality in society. His belief in the principles of freedom, equality, and societal progress has been a resonant means to make the debates of workplace equality, power dynamics, domestic labor, and reproductive rights. Stuart’s thoughts have not only embarked on the importance of liberty but Mill’s commitment to justice goes beyond these general ideas, he also focused on gender equality, a topic explored in detail in his different books like The Subjection of Women, On Liberty. And from his theory of utilitarianism.
Gender Liberty through the lens of
On Liberty
Mill believed that treating women as inferior is not just unfair but also harmful to society as a whole. He argued that a society cannot truly progress if it limits the potential of half its population. As he famously presented in his work, “The worth of a state in the long run is the worth of the individuals composing it,”[1], highlighting the need for equal opportunities for everyone. Mill’s views on freedom, as explained in On Liberty, form the foundation of his support for gender justice. He believed that every person, regardless of gender, should be free to develop their talents without unnecessary restrictions.
John Stuart Mill, in his work, On Liberty[2], focused on social and civic liberty, emphasizing the need to protect individuals’ freedom from societal oppression. He believed liberty was essential for personal growth and progress but at the same time, he warned that the liberty of will, if used without considering others, could harm justice and equality. In the context of gender justice, allowing people to act entirely on their will, without limit might worsen power imbalances and unfair treatment. Mill argued that true freedom means balancing individual rights with the well-being of society. For gender equality, this means ensuring that one person’s freedom does not oppress others.
Subjection of women
J S Mill is considered a feminist seeking legal reforms to ensure gender equality. His work, Subjection of Women advocates for the equality of the sexes. He believes that men and women are equal, and it is just societal standards that make them indifferent. He pioneered the social and legal upliftment of women in his work, advocating their rights and promoting their development and education.
Mill was the product of the 19th century when the condition of women was at rock bottom and he believed that if women were provided with the same educational rights, it would be fruitful to achieve gender justice because it is necessary to develop their intellectual being to upgrade the mindsets and overcome the tyranny and hardships firmly imparted on them by the patricentric culture.
Utilitarianism
Mill argued that a just society ensures the happiness and well-being of all its people, irrespective of gender. John Stuart Mill’s utilitarianism continues to influence the promotion of gender justice in modern society through its focus on maximizing societal welfare. Mill’s principle of the “greatest happiness for the greatest number[3]” underscores the importance of ensuring equality for all genders, as systemic inequality diminishes collective well-being. The government has come up with government schemes like Beti Bachao Beti Padhao, Stand Up India, and Kanya Shiksha Pravesh Utsav embody Mill’s utilitarian ideals by striving to eliminate gender disparities and enhance the socioeconomic contributions of women.
Mill argued that gender equality benefits society as a whole, stating in his work On Liberty: “The worth of a state in the long run is the worth of the individuals composing it.”[4] By empowering women through education, financial inclusion, and social reform, these schemes aim to maximize the well-being of individuals, thereby contributing to a happier and more equitable society.
Mill’s utilitarian framework also supports contemporary gender-justice movements that address workplace discrimination, reproductive rights, and domestic violence. For example, the Women Empowerment Schemes(WES) and the National Commission for Women (NCW) align with Mill’s vision by removing structural barriers and promoting equality. Thus, Mill’s philosophy provides a strong moral foundation for advancing gender justice in the modern era.
Rational Capacity
He highlights that women have the same intellectual abilities as men and deserve equal opportunities to develop and utilize their skills and talents. Mill challenges the idea that women are inherently best suited for domestic roles, instead advocating for their right to pursue careers and fully engage in public life. Recently, a lady judge Aditi Kumar Sharma[5] was terminated by the Madhya Pradesh High Court which was further taken as Suo moto clearly goes against rationality and is again gender discrimination.
Alarming trend
Mill’s principle of No Harm serves as a moral rudiment for advancing gender justice in today’s world. This principle restricts the liberty of a person unless their actions harm others and can highly be noted currently where the boost of acknowledgment of intersectional feminism, which is resulting from being harmful to the other gender, race, caste, and sexuality.
For instance, Maintenance laws and alimony laws provided to women under statutes like the Protection of Women from Domestic Violence Act, 2005, Section 498A of IPC were initiated by lawmakers to bring up the discouraged quantum of women at equal status and to balance the status of women to that of men. The Atul Subhash Case has brought attention to the misuse of laws intended to protect women. This principle is central to the discussion on gender justice, emphasizing the need to protect individuals from harm, regardless of gender.
Critiques argue that these laws while to safeguard women, can sometimes be misused, leading to harm against men. There should be a balance between the protective measures so that they do not inadvertently harm others.
Conclusion
According to Mill, legal framework[6] Mill has suggested that legal framework can considerably advance gender justice by promoting equal rights for all genders in education, employment, and political participation. In sync, the Constitution has come up with Fundamental rights ensuring the right to equality. It can further protect people from gender-based discrimination and overcome the barriers through enforceable anti-discriminatory laws. Mill ‘s idea of social and civic liberty provides a way to create a fair society where everyone’s rights, regardless of gender, are protected and respected.
[1] GOOD READS, https://www.goodreads.com/quotes/ (Last Visited 23.01.25)
[2] John Stuart Mill, On Liberty, 2, (The Project Gutenberg E- Book 2011)
[3] PHILOSOPHY BREAK, https://philosophybreak.com/articles/the-greatest-happiness-of-the-greatest-number-what-bentham-really-meant/ ( Last Visited 23.01.25)
[4] RE: ONLINE, https://www.reonline.org.uk/knowledge/16-ethics/profile-john-stuart-mill ( Last Visited 23.01.25)
[5] Debby Jain, Taking Suo Motu Case on Dismissal Of 6 Women Judicial Officers, Supreme Court Issues Notice To Madhya Pradesh High Court, Live Law, ( 23.01.25, 7:29 PM) https://www.livelaw.in/top-stories/supreme-court-suo-motu-cognizance-6-female-civil-judge-services-terminated-246567
[6] John Stuart Mill, On Liberty, 1, (The Project Gutenberg E- Book 2011)
Author: Deepali Kashyap and Devansh Bansal are 2nd year students at Symbiosis Law School, Nagpur
