Shalu Nigam

  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 ca

  How the courts failed gender justice  The Basic Premise Behind Domestic Violence Remains Unchallenged Domestic Violence in India is premised on several notions such as  1) The marital relationship is hierarchical and inegalitarian. Women are accorded a low status within a marriage and the family whereas a man is considered a master of the household  2) The husband and his family have the authority to beat the wife besides demanding dowry. Chastisement is a prerogative granted to a husband who can commit violence against a wife in the guise of love and discipline.  3) A violent husband is not made accountable even if he brutally murders the woman. The law grants immunity to violent husbands even if the husband is a drunkard, vile, or criminal.   4) The family is a private realm and no one and not even the law should interfere with the privacy of such an institution. Domestic harmony is prioritized over violence against women.  5) The doctrine of marital unity as propounded by Blacksto

 Excerpts from my book Women and Domestic Violence Law in India: A Quest for Justice , 2019, Routledge p. 54 Anti-arrack movements and alcohol ban protests have been held at various places where the agitating wives continuously have drawn attention to links between wife beating and their husbands’ drinking habits and that drunk men as husbands are vile and deviant who destroy the ‘sanctity of the family’. However, the discourse on domestic violence could not demonstrate the fact that these men are ‘incompetent’ to rule within their homes. Similarly, greedy men and their families who were burning brides or abandoning women to remarry to recollect dowry from other women could not be held accountable for their rapacious criminal acts. Rather, the authority of violent husbands could neither be questioned nor they were held accountable; instead, gruesome reports of wife battering have been suppressed under the garb of ‘protection’ and ‘privacy’. Domestic violence is not visualized as a ‘law