The Curses of Patriarchy

https://countercurrents.org/2022/11/the-curses-of-patriarchy/

08/11/2022

Patriarchy cursed me, I laughed and move on

They said you are a female,

your birth is a burden

I survived and thrived, flourished and bloomed

Confronted their stereotypes and challenged their misleading notions

I vowed that I will not accept their false binaries or phony divisions

I will keep demanding equal rights and opportunities to be a human

That is my firm declaration

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said your education is a drain,

It has made you in-vain

You will empty your family’s purse and then

You will move away when you get married to someone

I questioned their negative stereotypes and adverse presumptions

I opposed their entrenched superstitions

and challenged their harmful assumptions

I went to college to gain education,

I got all degrees, medals, and accolades

And walked out with distinction

Aiming towards the path of progression

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you are a woman you need to stay silent

Shut your mouth up and remain compliant

You have no right to make noise

You can’t raise your voice

I refused to remain obedient

I shouted, I wrote, I danced and I hopped

I defied, I rebelled, I resisted, I disobeyed

Because I chose the path of liberation,

I recognize my power, reclaim my freedom

Self-respect and love that is my assertion

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you have to cover yourself from top to bottom

Veils, jewelry, sindoor, bindi, saree, makeup,

we will decide your uniform

We dictate and you follow this is the compulsion

I said I decide the way I wanna stay, it’s my conclusion

I am not your slave, I refuse to bow to your oppression,

I am not a thing that you can own

I don’t need your pointless interventions

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you don’t need to go out, you stay at home

Staying inside the four walls of the house is your only occupation

Crossing the Lakshman Rekha is out of the permission

I broke all inept rules and regulations

I learned to fly, became a CEO, run big farms,

Excel in business, work in factories and set up my own craft

I choose to work in all male-dominated professions,

And achieve success in whatever I do with all my passion

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you can’t be seen in a public domain

We will molest you tease you, harass you, shame you,

Because that is our dominion

No said I, this will not deter me this is your hollow frighten

My courage got your fragility shaken

This planet belongs to everyone

No one needs your futile intrusions

I resolved to walk fearlessly on the streets,

On the roads at the workplaces all on my own,

Breaking all your rules is my determination

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said for a female marriage is a compulsion

We will decide whom to marry when to marry that is our declaration

I said I assert my choices and my selections

I marry when I want to, and with whom I want to, it’s my decision,

I need no redundant patriarchal interruptions

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you have no self; no identity of your own

Your existence is irrelevant, you are important to none

I use my skills and talents to earn fame and recognition

I proclaimed myself found my individuation

I need no benefaction

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said we will decide the sex of the baby or

when you will have an abortion

I said my body my rights, no interference from any one

Procreation, or abortion, all of that is my selection

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said divorce is not permitted, marriage is a sacred obligation

With no guarantee of my safety, wellbeing or protection

They pushed me to `adjust’ silently in a violent relation

Torturing and burning me for dowry that is their sole ambition

I walked away because forcing a vicious tie on me is a coercion,

Their masculine toxicity is indeed an intimidation

I refused to bow down

I can survive on my own, I need no superficial imposition

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you can’t remain single,

Rearing a child with no father, you are a humiliation

I rejected their negative undesirable notion

I raised my child on my own,

I need no certificate of my motherhood from any charlatan

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you are a bad woman,

A selfish slut who takes care of none

I raised my child, supported my old parents,

Cared for my loved ones

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you will be denied the right to own a property,

Land, house or any possession

you have to stay under male protection

I said I refused your discriminatory directions

I made my own home full of love, kindness and compassion

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you can’t be a politician,

You will not take decisions because lack the capacity to run a nation

I rose to the top to take national and global decisions,

To end all the wars and to culminate to all destructions

To make this world a peaceful place and to save nature and its creation

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you have no rights, no laws apply no legal protections

It’s our will and command that is your only destination

I said I will not obey your unjust orders

I declined to give in to your unwanted unreasonable instructions

I will write my own laws; I will pen down my own constitution

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said he is superior, she is inferior

Male supremacy prevails, which forces biased preconceptions

That is engrained for generations in every institution

I confronted the age-old hegemony, oppose all the privileges

And challenged the obstinate male-domination

Dismantled the toxic masculinity, and resisted sexism.

Shred the misogyny and disarranged the dogmatism

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said a man is a hunter and a gatherer,

And therefore, he is a protector and provider

This is a divine creation based on biological differentiation

I questioned them that this is their false assumption

Because this imagined version is of a feeble and an apprehensive person

Perhaps, he can’t reproduce and lacks the capacity of procreation

So, how can he counterfeit his powers when he has none

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said your will remain bound by the man-made religion

And will obey all its customs and traditions

I defied and disobeyed, shattered all stereotypes, and broke all chains

I use my passion to transform the patriarchal civilization

They can neither rob my dignity or pride nor could harm my reputation

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said we will use against you all institutions

State, business, law, policies or religion

Pitting women against themselves,

this is what we have had you conditioned

I said I will rip off all your devious designs

and dismantle all your deceitful narrow projections,

Nurturing a just world, that is my solution

It’s your end, and the time of your permanent termination

I laughed and move on

 

Patriarchy cursed me, I laughed and move on

They said you witch, your laughing is ferocious,

This mocking hurts our fragile egos; it is savage and dangerous

I said laughing is an art of resistance, an act of power disruption

I lay the claim to the authority and to my solid foundation

Laughter is an anti-dose to all forms of oppression

It is indeed a step towards revolution

In me lies my courage, hope and conviction

There are unlimited possibilities that is my imagination

I laughed and move on

 

 

Every little girl has a dream, a dream that will not die….

https://countercurrents.org/2021/09/every-little-girl-has-a-dream-a-dream-that-will-not-die/

27/09/2021

Every little girl has a dream

A dream to study, a dream to play,

A dream to dance, a dream to fly,

A dream to be free from all adversities,

A dream that imagines equality, a dream that eliminates hierarchy,

A dream that shatters glass ceiling, a dream that challenges patriarchy,

A dream against oppression, a dream against subjugation,

A dream of possibilities, passions and aspirations,

A dream of liberation and a dream of emancipation,

A dream that will not die…

 

You may build walls, fences or boundaries,

You may create barriers of caste, class, religion or any other hierarchy,

You may close schools, defund colleges, smother universities or lock libraries,

But you cannot lock nurturing imaginations,

You may use arsenals or weapons, bombs, military or prisons,

For these dreams have been cultivated, and passed on through generations,

These are the dreams that will not die…

 

All the arbitrary discriminatory laws of the oppressive tyrannical regimes,

All the age-old, regressive norms of fundamentalists who pose as divine,

You may push a woman’s body behind purdah or veil to restrict her mobility,

You may try using indoctrination to engrain patriarchy,

You may use fear, terror or threat,

or you may harvest toxic masculinity, rage or hate,

But you cannot stop the venturing of a courageous mind,

A warrior walks the path she will find,

Because she has the dreams that will not die…

 

You may kill girls in the womb or discriminate against those who survive,

But you cannot shoot that fearlessness and bravery that thrive,

You may force honor killing or child marriage,

But these are the dreams you cannot encage,

Your chauvinism may shoot many Malalas,

Your misogyny may brutalize many Asifas, your sexism may rape Ashas

But you cannot kill their amazing far-sighted vision,

You cannot enchain the minds that have learned and dared to imagine

Rather your hostility will add fuel to the fire,

More you suppress more these dreams will grow stronger

Do whatever you could but these are the dreams that will not die…

 

Every little girl on this planet has a dream

A dream that hopes for the million possibilities and passion

A dream that brings change through creativity and compassion

A dream that imagines a violence-free wonderful world around her

The little girl who dreams know how to resist, dissent through her mutinies or rebellion

She knows that her dream will not shatter, what you do, doesn’t matter

The little girl is a warrior, she will not be deterred

Her dream will come true sooner or later,

But, one thing is sure, the dream she has will not die….

 

 Hail Patriarchy! Of Supreme Judges And Elite Law

07 November 2015

Since the Supreme Court of India pronounced its verdict in the matter of Supreme Court Advocate on Record Association versus Union of India also commonly known as NJAC judgement where the court consisting of five judges bench by the majority declared the National Judicial Appointment Commission to be formulated under the 99th Constitutional amendment as unconstitutional, a debate has been initiated. Opinions are expressed in favor and against it, and a fierce discussion has been initiated regarding the manner in which transparency and accountability may be maintained while appointing judges. However, the Supreme Court of India on November 3, 2015, moved ahead and conducted a hearing to work on suggestions to strengthen the Collegium system. By coincidence or by choice, I somehow got the chance to be present in the courtroom where these proceedings were conducted. The room was packed with advocates, senior advocates, elite advocates, the Attorney General, the Solicitor General, and the members of Supreme Court Bar Associations besides a few law interns and reporters. Every inch of the small courtroom is occupied where lawyers with their keen ears and watchful eyes were waiting to know how the system of appointing judges will be made transparent and how accountability will be ensured to provide a fair chance to all eligible to be appointed as the keepers of justice. Rubbing shoulders with most of the male advocates and a few female lawyers in the tightly packed room, I as a woman advocate and a feminist, was eager to find out not only about the transparency and the democracy in the selection of judges but the manner in which more women could find a place among judges and lawyers thus bringing in diverse views and opinions which reflect on different perspectives including that which is favorable to masses.

Though the literature exhibits different views about the issue regarding the presence of women judges in the courtrooms, yet I assumed that the mere presence of women in the Supreme Court or the High Courts may add diverse voice within the system. As Carol Gilligan in her famous work `In A Different Voice’ explained that women judge reason in a different manner from traditional male thinking and analysis. Though this tendency of constructing adjudicators into dichotomous non-intersecting categories has been criticized by several scholars based on the fact that not all women experience similar situations or think likewise, yet, it is through construing binaries an effort may be made to deal with the issues like discrimination, devaluation, and backlash. Also, though it may be said that the category `women’, in itself is not homogenous and has layers to it, and also sex as a biological category has to be differentiated from gender as a social construct, yet, bringing the gender lens into judging is significant besides creating a gender equal judiciary.

However, the discussion on Collegium for Appointment of Judges started once five male judges arrived in the courtroom and take on the seats earmarked for them on a high pedestal. No attempt was made to ensure the participation of female judges while discussing such a significant issue. The lawyers from both parties sat directly in front of them. Further, the Attorney Generals, the senior lawyers, and the advocate arguing the matter were all males. Though there were a few female advocates, yet either they choose to remain silent or those who even tried to raise their voices were not given the opportunity to speak. `Queen’s law’ in fact failed to give fair opportunity to women. The cultural norms of masculinity prevail shattering the myth of gender equality or progress and legal apartheid evidently was clearly visible. The proceedings went on to discuss `Apples from Uttaranchal and Oranges from Nagpur’ i.e. difference and manner of induction of a judge from a high court in a smaller town to a higher pedestal in comparison to induction of a judge from a metropolitan city to a apex court. However, the inclusion of more females among judges was a point that was not raised probably because the discussion was done by men, of men, for men, and among men. Also, may be because the discussion was focused on sharing power, and making decisions about the important aspects and relates to supremacy, authority, and control of the judiciary, female exclusion therefore becomes inevitable. The trend, as always, is to fiercely up keep the male prerogative. And when several of the female lawyers got the opportunity to raise this issue it was trivialized, marginalized, normalized, and refuted while drawing the focus on the ratio of male and female advocates on bar[1]. Tokenism and backlash operate to exclude those women who dare to raise their voice against male domination and highlights the manner in which gender bias is ingrained in the judiciary.

Even otherwise, women’s voice in the legal system of the biggest democracy is almost miniscule probably because shattering the glass ceiling is not an easy job. Additionally, the old boy network has a stronghold which prevents women to enter into the domain of supreme law. Nepotism, corruption, irregularities and other biases operate to prevent transparency[2]. Out of 28 judges in the Supreme Court of India, currently, there is only one woman judge who represents half of the Indian population[3]. Also, if one sees historically, since independence, only six women got the opportunity to be appointed to the Supreme Court as judges in India out of a total of 229. Further in High Courts, too situation is not good and there are 62 female judges in comparison to 611 male judges all over the country. In several states, women judges found no place in the High Courts. The judiciary, on a whole, does not reflect the entire community it is meant to serve. Sexism and misogyny within the system resist women's entry or sustenance within the legal system. The reservation system guaranteed under Article 243 of the Indian Constitution as applicable to introduce 33% women in Panchayat, Municipalities and other state institutions is not made applicable to the Indian Judicial System – including the Supreme Court of India or for that matter the High Courts or the lower courts. Alas! The judiciary, the courts, the protector of fundamental rights, and an upholder of the tenets of constitutional principles like equality, democracy, justice and dignity could not apply the provision of women’s reservation on itself.

In no way at any point of time while writing this I am saying that because women's representation is less in the judiciary or that a few women could sustain themselves in the legal profession or that they are paid less than their male counterparts, therefore, NJAC may be preferred over the Collegium system. What is meant here is that prejudices, biases, and stereotypes are deeply entrenched in the system that is meant to ensure justice for men and women. Also, the judiciary does not reflect the values it is expected to uphold and the situation is no different in many of the other countries. East or West, for a woman as a seeker of righteousness, to access justice is equally as difficult as for another woman to enter into the echelons of law as a provider of justice. Patriarchy prevails from top to bottom to crush and defeat women’s voices as providers or seekers of justice as well as a survivor of crime.

However, there are those women lawyers, judges, scholars, and common women who are not willing to give up and continue to fight as warriors against patriarchy within the law. Though moving from a `minority to parity’ within the domain of law is an uphill task that requires organized efforts towards mobilization yet these women are politically striving to resist patriarchal oppression by raising feminist consciousness and interpreting law from varied perspectives. 

Or as WH Auden, an Anglo-American poet in his famous poem Law Like Love illustrates that law though is stern, strict, lofty, hegemonic, orthodox, and disciplinary yet like love it is inexplicable, dynamic, diffused, and incommensurable and may be interpreted differently:

Law, say the gardeners, is the sun,
Law is the one
All gardeners obey
Tomorrow, yesterday, today.

Law is the wisdom of the old,
The impotent grandfathers feebly scold;
The grandchildren put out a treble tongue,
Law is the senses of the young.

Law, says the priest with a priestly look,
Expounding to an unpriestly people,
Law is the words in my priestly book,
Law is my pulpit and my steeple.

Law, says the judge as he looks down his nose,
Speaking clearly and most severely,
Law is as I've told you before,
Law is as you know I suppose,
Law is but let me explain it once more,
Law is The Law.

Yet law-abiding scholars write:
Law is neither wrong nor right,
Law is only crimes
Punished by places and by times,
Law is the clothes men wear
Anytime, anywhere,
Law is Good morning and Good night.

Others say, Law is our Fate;
Others say, Law is our State;
Others say, others say
Law is no more,
Law has gone away.

And always the loud angry crowd,
Very angry and very loud,
Law is We,
And always the soft idiot softly Me.

If we, dear, know we know no more
Than they about the Law,
If I no more than you
Know what we should and should not do
Except that all agree
Gladly or miserably
That the Law is
And that all know this
If therefore thinking it absurd
To identify Law with some other word,
Unlike so many men
I cannot say Law is again,

No more than they can we suppress
The universal wish to guess
Or slip out of our own position
Into an unconcerned condition.
Although I can at least confine
Your vanity and mine
To stating timidly
A timid similarity,
We shall boast anyway:
Like love I say.

Like love we don't know where or why,
Like love we can't compel or fly,
Like love we often weep,
Like love we seldom keep.

The author is a practicing Advocate, Activist and Researcher working on gender, governance, and law issues. 

[1] Nair Harish V (2015) Supreme Court Keen to Appoint Women Judges Now, India Today, November 5 http://indiatoday.intoday.in/story/supreme-court-keen-to-get-women-judges-now/1/516459.html
[2] Live law news Network (2015) SC Notice to successful candidates of Delhi Judicial Exam, Live Law dated November 6 http://www.livelaw.in/sc-notice-to-successful-candidates-of-delhi-judicial-exam-naming-of-ex-judge-for-revaluation-deferred/
[3] Details as Available on the Website Supreme Court of India http://supremecourtofindia.nic.in/judges/judges.htm

 

Fighting for the Justice in the Patriarchal Courts

29 August 2017

The last few days witnessed the pronouncement of several significant celebrated judgments by the courts in the cases relating to the right to privacy, triple talaq, and the sentencing of a 20-years life term to a self-proclaimed Godman who raped women. All these three cases, somehow uphold people’s trust in courts as the custodian of the rule of law. Even otherwise, in normal parlance in India, courts are considered a temple of justice as well as the custodian of constitutional values by the common people. The courtroom is a space where domination and oppression are challenged and social as well as economic and political justice is facilitated. The prime duty of the court, hence, is to uphold the spirit of the constitution, the rights of people, and the rule of law. In fact, the democratic society places a high value on the independence of the judiciary. However, often, deeply embedded in the layered, hierarchical, patriarchal society, the courts, most of the time, reiterate and reinforce masculine values and androcentric morals while ignoring the fact that their prime concern is to disburse justice as per the constitutional and legal provisions. Patriarchy exhibits itself in various forms day in and day out in the courtrooms. The discrimination exists not only in terms of the number of men and women who get to rule in the higher echelon of the judiciary, but biases also exist in various forms in the everyday practice in the courtrooms. Patriarchal, male-dominated courts often act hostile to women’s concerns. The analysis of everyday proceedings in the misogynist courtrooms reveals the manner in which sexism operates and is reinforced, post-mortemed and reiterated in daily decisions, orders, conversation, jest, reasoning, and assumptions based on the ideology that subjugates women despite the fact that the Constitution of India guarantees affirmative provisions in favour of women. Nevertheless, the women who gather the courage to fight for justice against such oppressive culture in these patriarchal courtrooms may gain small triumph in some form or the other because of the support they may receive from several quarters and above all because of their persistence and sheer grit. It is not because the courtrooms suddenly become sympathetic or sensitive to women’s concerns or questions, rather it is the resilience of these women who persist in their struggle, and therefore they could smash the patriarchy that exists within the courts and within the society. This piece of work examines the manner in which the patriarchy operates in the courtrooms and the manner in which women are trying to overcome such male-dominated, conservative, traditional regressive notions in the courtrooms.

Nigam, Shalu, Fighting for the Justice in the Patriarchal Courts (August 29, 2017). Available at SSRN: https://ssrn.com/abstract=3028829 or http://dx.doi.org/10.2139/ssrn.3028829