Shalu Nigam

  MeeLord! I am seeking justice as a citizen! 20/11/2021 She hesitated and fumbled, vacillated and dithered, When the Magistrate announced, “go for ADR, counseling and mediation”, MeeLord, he promised he will not beat me when my parents intervened, she squeaked, Though I may be naïve and inept to speak, yet I must tell you, He assured he will not hit me when the neighbors intruded, but the violence never stopped, Even when I approached the religious congregations, When I called the police, he undertook not to harm, And then the severe scars of beatings I got, enhanced stress and tensions, He tried murdering me for dowry, broke my bones, denied me food and hits me for no reason, And now you again say that I should go for conciliation, Trust him and forget all humiliation? That I should go back to his violent home without the promise of safety or conditions, MeeLord! I am seeking justice as a citizen.   Can he be pardoned for all of his brutal actions? What about his accountability for a

  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

  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 gen

  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

  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,