Shalu Nigam

  Universal Declaration of Human Rights and South Asian Women 5/10/2020 Abstract The Universal Declaration of Human Rights (UDHR) 1948 is a basic and significant document. It is not only about indivisible, inalienable, basic human rights. Several people in South Asia discredit human rights as a foreign, Eurocentric, or Western and male concept, however, in contradiction, this piece argues that firstly, human rights as proclaimed in the UDHR is a universal concept. It is the collective aspirations of people the world over. UDHR is about the emergence of a new world order. Secondly, non-western women, including those from South Asia played a crucial role in shaping the framework of UDHR. Therefore, dismissing human rights as `foreign’ involves denial of the important role delegates from the Third World have played. This piece asserts that the idea of UDHR is a legacy owned jointly by all nations, shaped by people belonging to different countries, and belongs jointly to the people of the

  Marriage is tragically not construed as companionship by the Indian state and society “A wife should be an administrator in purpose, a slave in duty, Lakshmi in appearance, Earth in patience, Mother in love, Prostitute in bed”, wrote the Kerala judge while quoting a Sanskrit shloka to interpret the duties of a woman in a matrimonial relationship. (2018) Thus, as per the court, a wife should be capable of adopting multiple roles. She must be perfect in work and appearance, should be caring and loving, and yet must work as a slave. The role of a wife is painted with high expectations, whereas no such roles are prescribed for husbands by the court. As per this notion, a woman can attain salvation only if she obeys her husband because, for her, her husband is a lord and a master beyond which she cannot have a separate existence. The traditional conservative notions about the ‘good woman’ who is obedient, compliant, docile, and does not question the norms are still prevalent within and ou

  Family courts uphold family ideologies, not gender justice Demands were made to establish family courts, and the Family Court Act was enacted in 1984. The law provides for specialized forums to deal with ‘matrimonial conflicts’ and not domestic violence. These are designed to adjudicate matters such as divorce, custody suits, maintenance, restitution of conjugal rights, and connected issues. The goal is to make the courts accessible and less intimidating for women through dispensing with lawyers, legalistic jargon, strict rules of procedures, and standards of evidence. These courts depicted mediation as an alternative to the patriarchy-inspired adversary system. This is preferred by many because of its reputation to provide for a better hearing. Yet this system could not aid in reducing violence or enabling justice for women. Studies have shown that the family courts are not free from difficulties like backlogs, the exploitative commercial approach of lawyers, long drawn-out battles,

  Death Penalty or Victim-Centric Justice System? 04/02/2020 For the past few days, since the Supreme Court awarded the death penalty to four convicts, the media headlines are screaming for the blood of rapists who brutally gang-raped Nirbhaya or Jyoti Singh on 16th December 2012. Heated discussions are going on regarding the execution of convicts where several experts and activists argue against the death penalty, while there are those who are in favor of it. However, what is ignored in this intensive debate is the fact that it is essential to ensure the certainty of punishment rather than stressing the severity of punishment. Secondly, this debate diverts attention from the plight of victims, survivors, and their families who are the crux of the criminal justice system. This essay suggests that the need is to focus on the victim-centric approach. Making violent men accountable for their criminal actions, guaranteeing fast-track quality hearings, having proper witness and victim prote