Motherhood is a powerful virtue. However, in a patriarchal society, it is construed narrowly to uphold the heteronormative family norms which prioritize men over women. This traditional framework overlooks the diverse family forms and alienates female-headed households. Rather, families headed by lone mothers are chastened and labelled as broken, pathological, and degenerative. Despite constitutional guarantees of equality and justice, the state and society alienate them, deny them visibility, and absolve themselves of the responsibilities of protecting their citizenship rights. Nevertheless, for ages, single mothers, despite all hardships, have been defying patriarchal norms and are bringing up their children solely, with little support available from their families, society, or the state. Rather, they are challenging the dominant and hegemonic `male breadwinner and the provider’ model. This work examines this active and empowered notion of motherhood, or feminist and emancipatory mothering while focusing on how lone mothers are redefining and reshaping the socio-cultural norms to pave the social transformation through their maternal activism. With the increase in the number of female-headed households, this work recommends the need for an alternative approach to disrupt the dominant themes of victimhood, poverty, destitution, and neglect by deploying the axis of intersectionality. It suggests that the state needs to evolve a comprehensive empowerment framework to specifically recognize the entitlements of single mothers as citizens and take steps to advance their citizenship rights.

 

Judith Butler (2020) described some lives as `ungrievable’ which cannot be mourned for because they never lived and remained uncounted. Perhaps, women who are dying due to dowry violence in homes are such ungrievable, uncounted lives – the lives that no one wants to protect, no one wants to mourn, and no one wants to remember.  

For more see this book https://www.amazon.in/Dowry-Serious-Economic-Violence-Rethinking/dp/B0C5KLDF3P

 The Right to Dissent in the Socio-legal Context:

Reimagining Citizenship, Strengthening Democracy

`Let’s agree to disagree’ may sum up the gist of the word `dissent’ in simple terms. Dissent, generally, implies disagreement, criticism, questioning, or protest against the coercive decision or unjust laws and policies imposed by a person/s in authority. Explored in a constructive manner, peaceful and nonviolent dissent may lead to dialogue, open discussions, entrenchment of democratic ideas, undoing injustices, and ending oppression. Collective disobedience often results in a constructive social transformation. However, history depicts that the tyrannical rulers have used tools such as the law and violence to suppress dissent and this repression of diverse voices by the authoritarian states continues during the modern times. Dissent is being construed detrimentally as disobedience and dissenters are perceived as a threat to the law-and-order situation by the authoritarian states. Frequently, the dissent is criminalized while the law is weaponized against the dissenters by those in power. Social, legal, and economic sanctions are imposed on those who disobey, criticize or resist the authority. So, why those in power are hostile to the idea of dissent? Why the tyrannical leaders delegitimize political mobilization or are endangered the expression of free speech? Why those dissenting or criticizing the actions of the state are perceived as traitors or enemies of the state? Why instead of accepting any positive criticism constructively, the authoritarian states construe it as a threat to the nation’s security and integrity? This work dismantles the concept of dissent and unpacks the ways it has been construed in legal and political terms in India.

https://www.academia.edu/104709971/The_Right_to_Dissent_in_the_Socio_legal_Context_Reimagining_Citizenship_Strengthening_Democracy 

https://impriinsights.in/the-right-to-dissent-in-the-socio-legal-context-reimagining-citizenship-strengthening-democracy-impri-impact-and-policy-research-institute/ 

 

 

How Malimath Committee Denied Women their Rights?

Section 498A IPC is inserted in the Indian Penal Code in 1983 and provides to protect women from cruelty in their matrimonial homes. The Malimath Committee Report (2003), twenty years after the enactment of Section 498A noted,

“In less tolerant impulsive woman may lodge an FIR even on a trivial act. The result is that the husband and his family may be immediately arrested and there may be a suspension or loss of job. The offence alleged being non-bailable, innocent persons languish in custody. There may be a claim for maintenance adding fuel to the fire if the husband cannot pay. She may change her mind and get into the mood to forget and forgive. The husband may realize the mistakes committed and come forward to turn a new leaf for a loving and cordial relationship. The woman may like to seek reconciliation. But this may not be possible due to the legal obstacles. Even if she wishes to make amends by withdrawing the complaint, she cannot do so as the offence is non-compoundable. The doors for returning to family life stand closed. She is thus left at the mercy of her natal family…This section, therefore, helps neither the wife nor the husband. The offence is non-bailable and non-compoundable making an innocent person undergo stigmatization and hardship. Heartless provisions that make the offence non-bailable and non-compoundable operate against reconciliations. It is, therefore, necessary to make this offence (a) bailable and (b) compoundable to give a chance to the spouses to come together” (p. 191).

 

The Committee while making such observations expressed its apprehensions in the ability of the criminal justice system to provide justice. However, the committee has failed to recognize that

First, cruelty under 498A is listed as a cognizable, non-bailable and non-compoundable crime and has to be dealt with accordingly. The criminal justice system while dealing with each case, is expected to take abundant precautions in ascertaining the guilt of the accused person, therefore to suggest that this offence be diluted implies distrusting the judiciary and labelling the trial courts as inefficient to effectively adjudicate the culpability of the parties.

Second, the context of the relationship between the perpetrator and the victim does not make domestic violence a lesser crime. Rather the severity of the crime is adverse in situations where the batterer is in the capacity to exert financial, emotional and social control over the victim because of the relationship and the victim is financially dependent on the perpetrator.

Third, salvaging a violent marriage is not a viable option when a man is abusive as he destroys the family through his violent actions. Families cannot be built on the edifice of bruised and battered bodies or scarred minds.

Fourth, the bitterness in a relationship already starts once a wife is being abused, therefore suggestions should have focused on altering the men’s violent behaviour.

Fifth, the policemen are not overzealous to arrest the accused. Rather studies have shown that women undergo hassles in filing the FIR. Also, at every step of the trial, mediation is enforced vehemently to compel women to reconcile.

Sixth, making the offence compoundable will not serve the purpose as neither this will deter the perpetrator nor it will help to salvage the relationship. Experiences show that violence escalates in situations when women are pushed back in abusive situations without the guarantee of safety.

Last, the committee has failed to raise concerns relating to provisions of shelter homes, medical, or legal aid or other facilities for the battered women as its only apprehension was to save the family. This indicates its biased approach.

Despite its pitfalls, this erroneous approach sets precedents, is being repeated multiple times, and has major implications for diluting the procedures and provisions relating to criminal law. Over the years, the state has followed the recommendations blindly without testing the validity of claims or referring to the existing research to suggest changes. 

For more details please see my book

Domestic Violence Law in India: Myth and Misogyny (2021) Routledge

Yes, I Am a Woman…..

By Shalu Nigam

28 July, 2014
Countercurrents.org

https://www.countercurrents.org/nigam280714.htm

On the occasion of this Independence Day, I continue to fight for my independence as a common woman, as a citizen of this free nation and more importantly as a human being…

Yes, I am a woman and I am proud of myself. I am strong and I am growing stronger by each passing moment. I am an independent, fearless, free thinking woman making choices at every step reaffirming my pride, contesting for my dignity and in the process shaping and writing my own destiny….

I am the one with vision you see carrying bricks on construction sites...

I am a woman toiling in an agriculture field awaiting for the crop of my imagination to be harvested...

I am a worker working in a textile organization weaving my hopes in the garments I knit…

I am a student with dreams in my eyes, cycling or running after buses…

I am a scientist inventing and imagining, an architect, shaping and cementing the foundations of the new India carving it out from the old…

I am an office goer craving to fulfill my aspirations you can see in a train or a metro…

I am a teacher with a desire to inspire the future generation…

I am a health worker continuously striving to create a healthy India…

I am an engineer with a conviction of building a bright future…

I am a house worker carrying out loads of work with thoughts of sending my daughters to the moon…

I am a woman with courage walking with a pitcher in village carrying water to miles…

I am a woman with hope and optimism cooking food, cleaning house, managing farms, factories and corporate offices….

Because I am a dreamer, believer, creator and a doer ….

I may not be having a fair, bright skin, long shiny hair or a thin hourglass figure as promoted by corporate and media. I do not believe in all such lies and false standards for I am a real woman and real persons cannot be defined, contained and shaped, labeled or designed, mocked or ridiculed by anyone. I am a common Indian woman who takes pride in herself and choose to believe in myself, my strengths, my qualities, skills and abilities.…

I am a daughter of an independent India and a successor of Gargi, Maitrayee, Razia Sultana, Mirabai, Rani Lakhsmi Bai, Kittur Chennamma, Pandita Ramabai, Sarojini Naidu, Vijay Lakshmi Pandit, Kasturba Gandhi, Aruna Asaf Ali, Raj Kumari Amrita Kaur, Annie Besant, Capt Lakshmi Sehgal, Irom Sharmila Chanu and millions of other women who struggled or are working hard not only against the colonial rulers but also against the hegemony of oppression and exploitation imposed by dominant caste, class and patriarchy, so the coming generations could have a better future. I pledge that efforts of generations of women will not go in vain, that I the descendant of their courage and audacity will strive for justice till I get it….

I have been teased, molested, raped, beaten, murdered, tortured, discriminated against, violated, yet I survived all and rose from ashes like a phoenix, much stronger, much powerful and much tough. Bend me or break me, rape me or kill me, I will not give up. Nothing could destroy my soul or my spirit….

I reside in every Mathura, Bhanwari Devi, Shah Bano, Ammena, Rupan Deol Bajaj, Tarvinder Kaur, Roop Kanwar, Imrana, Gudiya, Soni Suri, Nirbhaya and identify myself as every other girl who is being raped, burned, abducted, brutalized daily in each and every nook and corner of India and yet fought back against perpetrators in some or the other way….

I am not a silent spectator of my brutal violations. I am not a victim, rather I am a survivor. I raise my voice in Parliament, I come out on streets against injustice, I struggle against World Bank, IMF and its Structural Adjustment Programmes, and similar such instruments which played a significant role in `feminization of poverty', I even resist at home and workplace against discrimination and violence, I stand to protect my right to water, to forest, to land, to livelihood and most importantly right to a dignified life. My voice can't be suppressed, restrained or smothered….

I agitated when the Supreme Court of India released the two policemen who raped me, tribal girl inside a police station, I revolted when during 80s the part of me was burned alive for greed, lust and consumerism in the form of dowry, I protested when I was immolated as sati, I dissented against any tradition or practice which tried to kill me before, at or after my birth because I am a girl, I raised my voice against rising the height of the dam which tended to destroy everything in the name of development, I challenged Norplant and any such procedures which denies me of my right to health, I dare to protest as a law intern against a Supreme court judge who molested me, I hugged the tree in forests when my rights to forest were denied, I created a revolution in North East against rape by military and para military forces, I resisted against fundamentalism which showed its ugly face in the form of communal riots, I raised my dissent when those in the judicial fraternity threw my petition on the ground that upper caste men cannot rape a dalit woman, I declared war against those who kidnapped young children at Nithari, I went against my boss, an editor of a magazine who molested me, I initiated anti arrack movement in different places, I struggled to get my right to livelihood, health and education, I stand against acid attacks, I rise against honour killing and witch hunting, I protested when I was raped in a moving bus in Delhi and I screamed at the top of my voice when I was raped and hanged by the tree in Badaun, and I will keep on doing that until I get respect and justice I deserve, I will keep on fighting continuously, for my dignity, my pride, my self- respect, my empowerment, my emancipation ….

I fight against poverty; I struggle against patriarchy – patriarchy which exists within family, at workplace, at public spaces and within mindset; I reject the notion of a deep-rooted, misogynist tradition-fed gender hierarchy - defined, dominated and exploited by few; I challenge free market economic policies and such reforms which take away my rights to peaceful existence; I resist against fundamentalism; I protest against oppression in any form. I voice my concerns for my space, for equality and for equal opportunities….

Born in free India, I strive to realize my constitutional right to dignified life – a life free from discrimination of all kinds. I negotiate to bridge the gap between political ideals and realities. I assert for my lawful rights, claims and entitlements and not ‘welfare programmes or scheme' given as a dole within socio-political arena. I endeavor to lead a life free from violence, right to enjoy privileges including that of water, food, education, health, land and all other amenities essential for civilized living….

I call my family to allow me to be born, and care for me as much they care for their sons, not to discriminate against me, provide me with the opportunity to get health, food and education and not marry me at an early age, not to give or demand dowry, not to inflict violence including incest, because I am powerless in certain situations….

I demand for equality in opportunities at the workplace, a work environment free from any discrimination or workplace violence…

I urge upon the society to give up misogynistic patriarchal attitude that results in violating my dignity and pride and in customs like female foeticide, honour killing, witch hunting, trafficking, buying and selling women as brides….

I am of the view that patriarchy must be abolished. In the independent India, all such practices that are offensive to anyone should be declared illegal and unconstitutional….

I am against capitalistic patriarchy that commodifies women and promote gender stereotypes that discriminate against women. I confront imperialism in its new avatar of globalization and liberalization which has led to increasing restrictions to my space, access to resources, destroyed indigenous skills and knowledge system, harmed the local ecology and devastated local forest, water systems and land.….

I defy all challenges in my way placed by fundamentalist and communal forces to exclude me, deny me visibility, keeping me propertyless and resourceless for vested interests…

I resist against militarization and nuclearization which promote brutal ways of life taking most of the budgetary provisions while denying basics …

I also demand to enact Women's Reservation Bill, enabling policies for single women and laws that strive for fair treatment. I propose to reconsider all the laws that are patriarchal, patrilineal and biased and support implementation of those laws which promote equality….

I insist that all those who opine that women misuse laws against rape or domestic violence law to just think once from a perspective of that woman who is being raped, or has survived violence within the confines of `safety and security' of home or public place; women are being raped in marital relations and in public spaces, tortured, humiliated, brutalized, murdered; the society cannot close its eyes to such incidences that are happening day in and day out. The data and statistics available with the National Crime Record Bureau and other organizations cannot be negated; the incidences reported everyday cannot be overlooked and these are only a tip of an iceberg as many of cases are not even taken to the police stations or courts. The NCRB report 2013 shows that during the year, 309546 cases were reported for crime against women which implies that so many women are being harmed in some way or the other. This is apart from rape cases which were reported as 33707 and dowry deaths cases which were 8083 in number. This data also indicates that 162238 cases were disposed of by the police, where charge sheet has been submitted in 93386 cases, investigation is pending in 50129 cases, final report (true) has been submitted in 7808 cases and only in 10864 (only 6%) cases the charges are found to be false or were treated as the mistake of law in cruelty against women cases. That is when the attitude and mindset generally is gender biased. So where is the misuse of the law? Impunity is only adding to the crime. Please be awake! And listen to those voices screaming for fairness…

I suggest to those who whine that women are abusing laws, that the number of cases are increasing as more and more women are getting aware of their rightful entitlements which have been denied to them for generations. Their voices have been suppressed for decades, but now is the time for REVOLUTION. More and more women are ready to speak up and will be claiming what is theirs!

I would like to tell those who go by the approach that `Boys will be Boys' that this patriarchal ideology to defend the crime only promoted `goondaism'. That even `girls are girls', but are mature, independent and sensible. Now, it is the time for the boys to catch up to be more responsible, wise and prudent… And many have been as depicted in the recent protests on women's rights issues when they join hands with women against violence. I salute them….

I plead all those leaders from politics, religious and other groups, who issue such statements that defy, disregard, disrespect, underestimate and misjudge dignity of women to consider the fact that women are equal citizens and humans; without them the existence of life will not be possible....

I hope that the State will ensure that half of the country's population be treated with respect as equal citizens and will receive justice in all forms – social, economic, political…

I argue that personal is political. There should not be private women sphere and public men space as asserted by patriarchy, as everything I do in personal sphere has effect on political arena...

Further, I believe, I am a change. Change begins with me. I resist, therefore I exist. I critically examine myself every day, every moment….

You may call me a family breaker but I am not against the institution of family; rather I fight against patriarchy and inequality within the family; I am not against religion but I combat communalism; I am not against indigenous culture however I resist patriarchy, sexism, discriminatory, stereotypical and misogynistic attitude; I am not striving for equality with men nevertheless I want to be an equal partner taking decisions in creating a society free from violence or discrimination. I am working to empower and emancipate myself. More than being ideological, my struggle is pragmatic….

Yes, I am a feminist and an activist and I take pride in it. No, I do not shy away from my identity which has given me an understanding to fight for my rights, to strive for justice, to struggle for freedom and endeavor for my self-respect. I dare to exhibit courage, confidence, audacity, till women in this country truly achieve independence…