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Articles by: Adv Dr Shalu Nigam

Travesty of Justice

Travesty of Justice

Justice, in normal parlance, is supposedly neutral and seemingly fair attainment of what is equitable, righteous and just in its moral correctness, ethical consideration, rational perspective and from legal point of view. Edmund Burke sees justice from the prism of humanity and reason while Mahatma Gandhi has evoked the conscience to envision justice. Bentham upheld utilitarian principles that promote human[Read More…]

The Powerful Mighty State versus the Human Rights Defenders:  The Courage to Challenge the Unruly Authority

The Powerful Mighty State versus the Human Rights Defenders:  The Courage to Challenge the Unruly Authority

In December 2018, the National Human Rights Institutions (NHRI) across the globe pledge to bolster their support for human rights defenders amidst a growing climate of threats and reprisals. While adopting the Marrakech Declaration and reaffirming the principles of Paris Declaration, NHRIs recognized that “Human rights defenders have a positive, important and legitimate role in contributing to the realisation of[Read More…]

by Comments are Disabled Human Rights
Struggle for Women’s Liberation Across the World: A Long Way to Go

Struggle for Women’s Liberation Across the World: A Long Way to Go

Writing `herstory’ has never been an easy process in a male-dominated world where sexism, bigotry racism, casteism and fascism all have been used in an unimaginative way by the free market economy in congruence with the fascists forces to undermine democratic processes. The trio of totalitarian state, free market and increasing fundamentalism is giving new reasons to dissent every day.[Read More…]

by Comments are Disabled Patriarchy
Legislating on Transnational Dowry Abuse: A Ray of Hope from Australia

Legislating on Transnational Dowry Abuse: A Ray of Hope from Australia

As per the report titled Crimes in India 2016, published by the National Crime Record Bureau of India, death of 7621 women is registered as dowry death under Section 304B of the Indian Penal Code. This implies that more than 21 women die every day because they could not fulfill dowry demands made by their husbands or in-laws. Also, 1,10,378[Read More…]

by Comments are Disabled Life/Philosophy
A Year After Brutal Gang Rape and Murder in Kathua:  Apathetic State Agenda, Regressive Policies and Escalating Violence Continued

A Year After Brutal Gang Rape and Murder in Kathua:  Apathetic State Agenda, Regressive Policies and Escalating Violence Continued

Abstract In 2012 when Nirbhaya had been raped brutally in a moving bus in Delhi, the massive protest that went for several days could awake the then government which then constituted the Justice Verma Committee and made amendments in the criminal laws relating to rape. However, in January 2018, the socio-political situation is completely altered. Ironically, a Hindutva government is[Read More…]

#MeToo In India Is Just A Tip Of An Iceberg And It Has Shaken The Patriarchy To Its Core

#MeToo In India Is Just A Tip Of An Iceberg And It Has Shaken The Patriarchy To Its Core

India is witnessing the crucial change where a few women courageously came out with their experience of sexual harrassment they have faced at their work placeand shared with the hastag #MeToo on the social media. Though, their number is small, yet the movement is reaching and spreading out. Still, what is being shared is just the tip of iceberg. There[Read More…]

The Cult of 56-Inches and Toxic Masculinity

The Cult of 56-Inches and Toxic Masculinity

The cult of 56 inches does not symbolize courage or strength, it portrays toxic masculinity. And toxic masculinity is not normal.It must be resisted. When Simon de Beauvoir[1] wrote about becoming women’ she was referring to the notion of social construction of a person as a woman. Similarly, masculinity is also related to the notion of becoming aman’ in a[Read More…]

No Wages For Love: Women’s Rights Within Families And Changing Economic Paradigm

No Wages For Love: Women’s Rights Within Families And Changing Economic Paradigm

  The neoliberal economy has changed the manner in which labour, love and relationshipshave been recognized,appreciated and structured in a society. The economic crisis which has cropped up in recent years, where the employment is shrinking, the economy is deteriorating, the common people are left with little options to earn their livelihoods and the state is rolling back from its[Read More…]

by Comments are Disabled Patriarchy
Infantilization And Degeneration of the Politics in the Recent Times

Infantilization And Degeneration of the Politics in the Recent Times

  Across the world, many democracies are in crisis and the civilization is crumbling. The crisis erupts because there is an impoverishment of political life where intolerance, greed, ignorance and rageare growing recklessly. The vibrancy of the democracies is diminishing as the public sphere of informed democratic dialogue is shrinking. Blatant lies, infantile emotionalism, absolute disrespect, open display of religious[Read More…]

An Ordinary Life Enslaved By A Card:  Coercively Linking Aadhaar With Hunger Is No Solution

An Ordinary Life Enslaved By A Card:  Coercively Linking Aadhaar With Hunger Is No Solution

  Santoshi Kumari In August 2017, in KS Puttuswamy v Union of India[1], commonly known as Privacy judgment, the nine judges bench of the Supreme Court unanimously in its landmark verdict established the fundamental right to privacy and transformed the civil rights jurisprudence.The decision strengthened the claims of citizens to the individual right to privacy, personal autonomy and the bodily[Read More…]

by Comments are Disabled India
From Mathura To Farooqui Rape Case: The Regressive Patriarchy Found its Way Back

From Mathura To Farooqui Rape Case: The Regressive Patriarchy Found its Way Back

  Way back in 1972, a tribal girl was raped in custody by two constables in Desai Ganj Police Station in Maharashtra. The Supreme Court in Tuka Ram v State of Maharashtra[1](also known as Mathura’s rape case) acquitted the two accused policemen on the ground that the victim has raised no alarm, there was no visible injury mark on her[Read More…]

Fighting For Justice In the Patriarchal Courts

Fighting For Justice In the Patriarchal Courts

Advocate Dr Shalu Nigam Last few days witnessed the pronouncement of several significant celebrated judgements by the courts in the cases relating to right to privacy[1], triple talaq[2], and sentencing of 20-years life term to a self-proclaimed Godman who raped women[3]. All these three cases, somehow uphold people’s trust in courts as the custodian of rule of law. Even otherwise,[Read More…]

by Comments are Disabled Patriarchy
Of Celebrating India’s 100th Independence Day After 30 Years……

Of Celebrating India’s 100th Independence Day After 30 Years……

After 30 years from now India will be celebrating its 100thyear of independence from the colonial rule. What will happen in the year 2047-48? Will India be able to fulfill the vision of those who fought for the freedom? Will the country be able to adapt itself to the dreams and aspirations of the present and the future citizens of[Read More…]

Battered Women Syndrome: Applying This Legal Doctrine In The Indian Context

Battered Women Syndrome: Applying This Legal Doctrine In The Indian Context

Over the last decade, a shift in approach towards domestic violence has taken place and several legal reforms have been directed to assist the survivors. The Protection of Women Against Domestic Violence Act is one of such law that has been enacted in the year 2005 to provide civil remedies to the survivors besides criminalizing domestic violence. While these legal[Read More…]

A Quest For Identity: From Personal To Political

A Quest For Identity: From Personal To Political

By J Nigam and Shalu Nigam Mature men and some women in mysterious black coats, a weary face listening, though with little attention, to these two segments arguing, fighting, abusing and shouting, and an allegorical lady justice with blindfolds balancing some scales- that’s a courtroom in my eyes as a four year old child! Though I had barely opened my[Read More…]

by Comments are Disabled Patriarchy