“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.” LawJusticePatriarchyJustice SystemLegal SystemCourtroomPatriarchal Society Author:Shalu Nigam
“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.” LawRule Of LawJustice SystemVictimsLitigation Author:Shalu Nigam
“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.” JusticeJustice SystemLegal SystemJustice QuotesCourtroom TrialCourtrooms Author:Shalu Nigam