Tuesday, August 15, 2023

 Fighting for Freedom Every Day

Shalu Nigam

15 August 2023




Politically, India gained independence on 15th August 1947, however, for those on the margins, freedom is not a one-time event, They are struggling hard and fighting for every inch of space and for freedom on a daily basis at every possible space - public or private. 

Freedom implies a different sense to different people. For the elite and the privileged, freedom may be a one-day celebration. However, for a woman or a child in a violent relationship, a poor trapped in the vicious circle of poverty, a bonded laborer enslaved by the chains of bondage, or a young girl stuck in a trafficking channel, freedom may be desperately seeking liberation every moment. And there are a million men, women, and children who are entrapped in a similar situation. 

The freedom struggle in India has seen a lot of bloodshed and sacrifice by millions. However, several scholars have noted that once India attained independence, it is the powerful and elite Indians who replaced their colonial masters. The situation of the poor and marginalized, therefore, remained the same. 

Those on the margins, therefore, are still struggling every moment of their lives to attain freedom or Azadi - freedom from starvation, freedom from poverty, freedom from illiteracy and ignorance, freedom to study, freedom from patriarchy, freedom from everyday violence and fear of violence, freedom from casteism, freedom from fascism, freedom from majoritarianism, freedom from capitalism, freedom to dream and aspire, freedom to enjoy life. 









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Sunday, August 13, 2023

 The Founding Mothers: 15 Women Architects of the Indian Constitution

2016






The current question of women’s autonomy and rights in India is rooted in the nineteenth century when the quest for independence of the country from British rule was going on and the issues of women’s rights gained a central position in debates on social reforms. Although, at that point in time, the notion of gender justice or gender equality had not gained ground, yet, the social reformers were of the view that something needs to be done about improving the situation of women. Women then were construed as members of the community rather than individuals on their own and therefore, the notion of women’s entitlements was interpreted within the context of the religious, personal, and customary law sphere which never treated women as independent entities. The official colonial and post-colonial discourses in pre-independent India were initiated by male reformers who articulated their thoughts on the abolition of Sati or on the age of consent. The amendments of personal laws were not women-friendly or provided for equality of sexes, rather these were based on orthodox opinions as evident from debates surrounding the Age of Consent Bill, Indian Divorce Act, Indian Succession Act of 1865, Hindu women’s Right to Property Act 1937 or the Hindu women right to Divorce Bill, 1939. Even during the debates on fundamental rights in the Constituent Assembly, men argued that ‘sex’ should not be mentioned as a ground of discrimination. But it was the women members who insisted that where fundamental rights were concerned the term man could not stand in for both male and female. However, in spite of the fact that equality on the basis of sex was mentioned in the Constitution, it could not contextualize women as independent beings and visualize them as members of the community.

The women, though few, raised women’s concerns and voiced women’s questions in the debates in pre-independent India within the given social context; and therefore the Constitution of India when finalized does reflect all of these concerns. These Constituent Assembly debates shaped the process of state formation and also guided the attitude toward women’s questions. This book looks at those women who raised their voices, pushed the concerns for inclusion, and highlighted the women’s concerns when the Constitution was being made. These and many other women played a significant role in the making of the Constitution. Yet, their works remain in the shadow, their faces invisible, their voices hidden and their courage unsung. They were the crucial architects of the Indian Republic who made substantial leaps in the history of India. Here we have made an attempt to look at their life, their views, their thoughts and the issues that they raised, which played a significant role in shaping the document called Constitution. We, therefore, call them the founding Mothers of the Constitution who brought in specific women-related concerns in contrast to the Fathers of the Constitution who sometimes favoured women’s questions, sometimes rejected women’s notions or sometimes overlooked women’s concerns. These women chose an unconventional path and voiced their thoughts in an arena dominated by men, and made their mark while writing the destiny of the Indian Republic.

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Thursday, August 3, 2023

When Every Home Became a Chamber of Confinement

 When Every Home Became a Chamber of Confinement



When the COVID-19 pandemic forced the world into lockdown, streets fell silent, offices shut their doors, and families retreated within the sanctity of the home, in the name of safety. But for countless women, “home” did not mean sanctuary—it became a prison, a torture chamber, or a concentration chamber. A site of terror. A sealed chamber of confinement, echoing with the violence of men who now had unrestricted access to their victims.

During those months, I was inundated with calls and messages from women—some desperate, others resigned. Each voice carried a different kind of fear, but all shared a common thread: they were trapped with their abusers, and the outside world had disappeared. Their options were few, and their pleas felt like cries into an abyss. Some of the episodes of violence were so painful that I felt helpless.

Courts were closed. Any support became inaccessible. No one around to help. One cannot go out to seek help from family, friends, or neighbors. Even otherwise, stigma has prevented many women from speaking up or calling for help in such matters.

As a lawyer and a social worker, I have long engaged with violence in its many forms, but something about this moment felt distinctly heavier, more suffocating. The volume, the intensity, and the utter helplessness struck with an unprecedented force. I could not understand what had happened and how I should respond to the gravity of the situation.  

I had no framework for the sheer collapse of the protective systems that women so precariously rely on. No tools seemed adequate. No intervention felt swift or strong enough. The anxiety and futility of being helpless overtook me. Every woman I talked to enhanced my anger against the system and society. The horror of atrocities beyond the human realm shook my humanity.

Some stories were so brutal that they left me shaking, sleepless. The weight of those disclosures settled into my chest, pressing heavily with each retelling. The feeling of impotence—of knowing and yet being unable to act with immediacy—was psychologically paralyzing. I found myself haunted not only by their pain, but by my own. Their stories resurrected old ghosts: my own experiences as a victim and survivor of violence. I have known what it feels like to be unheard, unseen, and dismissed. I recognized the silence on the other end of the phone when words failed. The pauses between breaths, when fear clutches the throat. The tears of pity, the melancholy of the universe, engulfed me again and again, reminding me of the horrors of my own past as a victim and a survivor of violence.  

The sense of experience of drowning in the pain and sufferings and sheer immediacy of the terrifying moment nullifies the existence of the trapped body and spirit. I was forced to confront a terrifying realization of how homes, the so-called safe spaces, for many, become chambers of unspeakable suffering. The term "lockdown" began to feel less like a health mandate and more like a state-sanctioned trap.

In the midst of it all, I began to question the very structure of our society. What kind of world have we built where a crisis, meant to preserve life, so casually sacrifices the lives of the most vulnerable behind closed doors? The metaphor that kept surfacing in my mind was unsettling but accurate: had every home become a kind of concentration chamber? A place where bodies were controlled, confined, and broken—psychologically and physically—without witness or escape?

The mind, desperate for solace, searched for antidotes—distractions, reassurances, rationalizations. But nothing offered clarity. In fact, the very act of trying to process the violence—while being surrounded by it, unable to stop it—only intensified my inner disquiet. My thoughts raced. And each new story brought another layer of anguish. It was not simply a professional crisis—it was a moral and existential one.

I tried to hold space for their voices, knowing that many of them were struggling even to find language to describe their pain. The trauma was too deep, too fresh. And not all could afford the emotional cost of telling the whole story. Some had no time, no privacy, no faith that it would matter. I listened—fully, quietly—but I often felt inadequate. I stood bare before their vulnerability, my own scars no shield against the enormity of theirs.

These interactions were more than cases or complaints. They were testaments to the terrible things human beings can do to one another—and how systemic neglect allows that terror to thrive. We often imagine violence as isolated, as personal pathology, but it is also deeply structural. It flourishes where institutions are indifferent, where silence is rewarded, and where patriarchy is allowed to dominate unchecked.

The memories of those months linger like smoke in the lungs. I fear they will never fully leave me—or the women who lived them. They have become a dark residue in our collective memory, a permanent tear in the fabric of time. A hole in the moral ozone layer of our shared history. Through that rupture, what seeps in is not only the memory of a horrific past, but a warning: when society prioritizes safety in abstraction without considering whose safety is truly being protected, we risk repeating these cruelties over and over again.

We cannot afford to forget what the lockdown revealed: that for too many, the greatest danger was not outside, but within the walls of their own homes. And if we continue to turn away, to relegate domestic violence to the private sphere, we become complicit in that suffering. We owe it to the witnesses, the survivors, and the silenced to listen, to act, and to refuse to accept this as normal.

 

 

 

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