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Shalu Nigam Biography

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“The world over, children are being nurtured and raised with dreams and aspirations to secure gold medals and accolades in every field, be it sports, studies, arts, creativity, innovations, ideas, and thinking, most parents in India began saving for their daughter’s marriage since the birth of the girl child. Marriage, is perhaps, seen as the ultimate destiny for a woman and is prioritized over her career, her abilities, her aspirations, and her dreams. Collecting and preserving gold, or expensive items for the dowry is preferred over investing the money in education, a career, or making her self-dependent.”

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“To fight the patriarchal environment that prevails in the Indian courtrooms, there are women who are making their mark and are utilizing the law and the legal system to make a dent in patriarchy. These courageous women are standing up against the powerful institutionalized structural imbalance and asserting their rights while showing that the Constitution, the law, and the courtrooms do not belong to a handful of judges and lawyers but belong to the people, the litigants, the poor, the marginalized, the women – to the people of the country. The system may be powerful or corrupt but people are more powerful than the system and have the power to smash the loopholes within it.”

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“Bit by bit, piece by piece, and fractions by fractions, lone mothers are denting the age-old stubborn patriarchy through their active, conscious, empowered, feminist, and emancipatory mothering while pushing the traditional boundaries of family and gendered relations”

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“The state and society generally construe single parenthood as an outcome of the breakdown of the traditional heterosexual family; however, what is overlooked in this construction is that diverse situations exist where women as single mothers are encountering different challenges. Also, what is negated is the fact that in modern society, the family structure is altering. In this fast-changing scenario, single motherhood is taking on multiple forms, whereas the laws and policies have failed to keep pace with the shift in the forms of motherhood.”

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“he law is a blunt tool and though it makes tall claims of being objective and neutral, in itself, the law is fragile and will not smash patriarchy. Rather, The courts have always favored the power structure and shielded those who are resourceful. The courtrooms, themselves as a symbol of authority, defend the values of supremacy and protect the oppressive and regressive system. However, those on the margins with their conviction and belief in the values of democracy, justice, and the rule of law, need to shake the system. With individual or through collective action the marginalized are challenging the power structure and are compelling the state and the society to make social and political transformation at a larger level. Angela Davis said that “in a racist society it is not enough to be a non-racist. We must be anti-racist”. Similarly, here it may be derived that `in a patriarchal society, it is not enough to be a non-patriarchal. We must be anti-patriarchy’. The women with their sheer will and conviction are marching ahead to smash patriarchy using law as an instrument of change. However, what is required is the radical interpretation of constitutional values by the courts and this should be strengthened by assuring the equal representation of women within the judiciary at all levels to open up the possibility of nondiscrimination within the patriarchal hostile settings.”

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“The culture of senseless violence with impunity is growing because, ironically, though the practice of dowry is illegal on paper, socially and culturally, it is accepted, endorsed, and celebrated with zeal. The religion promotes the evil practice of dowry. The patriarchal culture encourages it, and the market benefits from it. The lives of young women are simply of no significant value. Women are considered as `perishable’, and `disposable’ commodities without dignity or agency by the state, the market, and their families.”

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“Centuries ago, when Karl Marx wrote exhaustively about the callous exploitation of workers by the capitalist class, he may not have imagined how in South Asia, women as brides would be treated as commodities, pitilessly exploited, and violently murdered in their own homes by their abusive husbands for extorting wealth. As the ruthless oppression of the toiling masses could not be prevented by laws or policies, the merciless torture and murder of women could not be regulated despite establishing a legal mechanism in place. Over the decades, predatory capitalism has irrevocably acquired an altered form, and the free-market approach has devised a new mechanism of manipulation. Similarly, the viciousness of the neoliberal forces, clubbed with patriarchy, feudalism, conservatism, rampant materialism, and excessive consumption propelled by extensive consumerism, is aggravating the desire among men and their families to accumulate quick wealth using marriage as a tool to extract resources from women and their families. The bourgeoisie-proletariat categorization, in the situation of dowry practice, is expanded to include the classification of savagely privileged men versus women – rich or poor, and in urban or rural areas. Women from all backgrounds dreadfully suffer for the material gains of men and their families in a harsh and hostile environment fuelled by the neoliberal, Brahmanical capitalist patriarchy.”

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“When Gary Becker, an American economist, in his celebrated `Treatise of Family’ imagined a household as a primary site of production of goods and sustenance in the form of child care, meals, and shelter, besides a range of commodities such as health, happiness, self-esteem, security, sexual pleasure, and so on, he disregarded the fact that a family is also a site of reproducing inequalities and sustaining patriarchal values. Becker proposed the theory of a rational `economic man’ who makes choices based on his self-interest, but he has not contemplated the dire situations of exploitation, blackmail, and extortion within marriages in South Asian patriarchal, hierarchical societies where self-interest would turn into insatiable greediness to create an antagonistic situation where an `economic man’, driven by irrational voracity, ends up torturing and murdering `his wife’, and destroying his own family when his arbitrary demands remain unfulfilled”

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“When Karl Marx elaborated upon the savage exploitation of workers by the capitalists, he described that due to extensive mechanization and division of labour, the work of the proletarians lost its exclusive character and became dull and monotonous increasing the repulsiveness of work while decreasing the wages. However, in the case of dowry extortion, the women are oppressed in multiple ways. The authoritative Brahminic ideology that propagates the dowry, forcibly extorts wealth from a woman and her family, mercilessly exploits her labour, and simultaneously deprives of her any wages or any monetary compensation for her extensive contribution behind the veil of labour of love and the rhetoric of sacrifices for the sake of family.”

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“Women are infantilized, demeaned, deprived of dignity, denied their rights, and all in the name of the rule of law. The elite approach followed within the courtrooms often asserts supremacy while excluding the poor, women, children, Dalits, tribals, and other subaltern groups. In itself, a court cannot change the law, yet, the court has the power to interpret and implement the given law in a sensitive manner while upholding the constitutional spirit and values, and that is what a litigant expects and society hopes for. However, this is not happening.”

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“Though courtrooms are created for the purpose of delivering justice to litigants, the litigant is seen as one who is at the receiving end of the entire system. The judges and the lawyers occupy the central position within the courtroom rather than acting as the service providers. Their subjectivities influence the process. The process, approach, and environment of the courtrooms are not litigant-friendly. The daily nitty gritty, bureaucratic procedures and technicalities observed in the courtrooms further create trouble for litigants who may lack legal knowledge or awareness and may hamper the smooth process of law. The black and white rules of law, are clouted with the shades of the subjectivities exhibited by different actors, and the outcome or the decisions of the courts are determined by various factors apart from the legal rules.”

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“What is negated is the rhetoric regarding obsession for gold as the dowry is that the parents have a choice to express their care and love for their daughter in a different form where they invest the resources in her education and training to help her acquire skills, nurture her talents, develop her aptitude, build her capacities, and make her independent from the very beginning of her life, so that in case of any emergency, she may face challenges to survive and flourish in any circumstances. Preparing her to get gold medals and accolades in any skill, may be prioritized rather than giving gold at the time of marriage.”

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“The discourse around the practice of dowry intertwined the individual rights of women within the paradox of patrilocality, a woman’s traditional position and role with her natal and matrimonial family, and the privileged position of men within the institution of marriage. Women are being considered as the `valiant keepers of the tradition’ of marriage, how violent it is, rather than as humans or citizens endowed with political rights. The discourse also ignored the tensions between women as individuals, as citizens, and women as daughters, wives, and daughters-in-law. Upholding patriarchy and not women’s emancipation remains the goal of such socio-legal debate.”

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“Fanon examined how colonialism is internalized by the colonized and inculcates an inferiority complex through the mechanism of racism. In the same way, the tyrannical mechanism of patriarchy oppresses women not only physically or mentally but also colonizes their minds and shatters their souls through constant emotional, economic, and mental violence. This internalization of inferiority by women themselves in a male-dominated society forcibly compels them to stay in a repressive and a violent marriage. In such precarious situations, with no available critical internal or external support from the wider family network or the state, and no hope left, a woman’s self-esteem collapses, and her humanness is crushed to the extent that she ceases to be a self-motivated person. The calculative presumptions of patriarchy control and overwhelmingly dominate and subjugate women while normalizing and trivializing their brutal torture and murder in the garb of transferring wealth to the daughters in connection with marriage.”

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