“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.” PeopleLawJusticePowerLegal System Author:Shalu Nigam
“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
“Statements have been issued against criminalizing marital rape without acknowledging the fact that most marriages in India survive because women silently endure violence and abuse within such relationships.” LawIndiaWomen S RightsMarital Rape Author:Shalu Nigam
“The discriminatory practice of coercive dowry demands and dowry violence not only persists with impunity despite legal reforms, but it is belligerently expanding in terms of magnitude, the severity of violence, and outreach.” LawMarriageViolence Against WomenDowryDowry Violence Author:Shalu Nigam