Shalu Nigam | |
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Nationality | Indian |
Education | Ph.D., MA Social Work, LLB |
Alma mater | |
Occupation | Lawyer |
Known for |
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Shalu Nigam is an Indian lawyer, feminist legal scholar, and author. She was the petitioner in the landmark case Shalu Nigam v. Regional Passport Officer, decided on 17 May 2016, which held that passports can be issued without requiring the name of the father. [1]
Shalu Nigam is a lawyer, [2] feminist legal scholar and author. She is a TEDx speaker. [3]
Her books include Domestic violence in India: What one should know? (a resource book), Women and Domestic Violence Law in India: A Quest for Justice, Domestic Violence Law in India: Myth and Misogyny and Dowry is a Serious Economic Violence: Rethinking Dowry Law in India. She also co-authored The Founding Mothers: 15 Women Architect of the Indian Constitution. She is a contributor to Countercurrents.org [4] and the South Asia Journal. [5]
Nigam has graduated from the Lady Irwin College, University of Delhi. She received her LLB from Delhi University, and a degree in MA in Social Work from Jamia Millia Islamia. She also obtained her doctorate in Social Work from Jamia Millia Islamia. The topic of her research was "Changing doctor-patient relationship with special reference to the consumer protection act,1986" [6]
Her post-doctoral fellowship at the Centre for Women's Development Studies was supported by the Indian Council of Social Science Research. [7]
She has also been associated with and served as a Secretary of the People's Union for Civil Liberties (PUCL) Delhi. [8] [9] She started her career working with the United Nations High Commission for Refugees, Delhi office. Previously, she has worked with the Indian Social Institute, New Delhi on legal literacy, gender sensitization, legal awareness, legal research, training of para legals, training of trainers on human rights, prison reforms, and legal aid, besides preparing legal modules, training manuals, booklets and other training material [10]
Nigam has been cited for her expertise on issues related to the rights of women, including legal and other protections for survivors of domestic violence, [11] [12] Battered Woman Syndrome, [13] the right of self-defense, [14] marital rape law, [15] [16] property rights, [17] caste and the status of women, [18] backlash against women's rights in the COVID-19 era, [19] and the increase in violence against women during the COVID-19 pandemic. [20] She has also been cited for her advocacy related to education in India. [21] [22] She is also known for her work on lawyers' dress [23] [24] vaccine equity [25] [26] and on transparency in governance [27]
In April 2018, she joined the group of lawyers in Delhi who took out a silent protest march demanding that the lawyers in the Kathua rape case in Jammu and Kashmir who stood for the accused should be punished by the cancellation of licenses. [28]
In 2020, she was one of over 600 activists, lawyers and academics who called for the release of Sudha Bharadwaj and Shoma Sen,. [29] On 15 July 2020, she joined other lawyers and wrote to the Chief Justice of Patna High Court regarding the treatment of survivors of violent sexual crimes in the Araria District Court. [30]
In July 2021, Nigam joined 900 individuals and groups condemning and calling for action against hate speech and misogyny directed at Muslim women online. [31] [32] In August 2021 she joined over 650 women's rights activists and others who have denounced Union minority affairs’ minister Mukhtar Abbas Naqvi’s decision to commemorate the criminalisation of instant triple talaq as ‘Muslim Women’s Rights Day’. [33] In November, 2021, she joined over 200 eminent citizens, including professors, civil servants, journalists and prominent activists who wrote an open letter to the Chief Justice of India, to draw his attention to the pending status of key matters in Supreme Court, covering issues from sedition, farm laws, Citizenship Amendment Act, electoral bonds among others. [34]
In February 2022, she joined legal academics, lawyers, and students to write an open letter against the Karnataka High Court judgment that denied entry to young Muslim women wearing the hijab in the educational spaces. [35] In May 2022, she joined a group of academics and professionals to write a letter to the Chief Minister of Delhi against demolition carried out in Jahangirpuri resettlement colony in Delhi [36] In June 2022, she joined 300 citizens and wrote to the Chief Justice of India against the arrest of activist Teesta Setalvad and RB Sreekumar [37]
Her daughter was born on 24 August 1997, and raised by Nigam, who had divorced her biological father. [38] According to Nigam, her child was rejected by her father because she is female. [39] [38] In 2005 and 2011, Nigam was able to obtain a passport for her daughter without providing the name of her father, but at the next renewal, the computer application required it. [38] Nigam brought a case to the Delhi High Court based on a violation of the right of her daughter to determine her name and identity. [39] [38] Nigam also asserted an injury to her daughter, if she was required to record the name of her father, due to the nature of the rejection by her father. [40]
The Regional Passport Office (RPO) attorney argued RPO regulations forbade the removal of the name of a parent due to divorce, and argued it was an established legal principle that the dissolution of a parent-child relationship could only occur due to adoption. [41] The Court found no legal requirement for the inclusion of the name of the father and directed that the computer software be changed to allow the issuance of the passport without requiring the name of the father. [38] In its 17 May 2016 decision, the Court also stated, "This court also takes judicial notice of the fact that families of single parents are on the increase due to various reasons like unwed mothers, sex workers, surrogate mothers, rape survivors, children abandoned by father and also children born through IVF technology." [40] [41]
After advocacy by Women and Child Development Minister Maneka Gandhi to Foreign Affairs Minister Sushma Swaraj about the need to amend the passport rules for single women, a panel was created in July 2016 to debate and recommend changes, and its recommendations to ease the requirements were informed by the case. [42] In December 2016, the Ministry of External Affairs announced new passport rules based on the panel recommendations, including to allow only one parent to be listed in the application. [43] [44]
Several scholars have noted the impact of the case on the rights of women in India. [45] [40]
The status of women in India has been subject to many changes over the time of recorded India's history. Their position in society deteriorated early in India's ancient period, especially in the Indo-Aryan speaking regions, and their subordination continued to be reified well into India's early modern period.
Indira Jaising is an Indian lawyer and activist. Jaising also runs Lawyers' Collective, a non-governmental organization (NGO), the license of which was permanently cancelled by the Home Ministry for alleged violations of the Foreign Contribution Regulation Act in 2019. The Bombay High Court later passed an order to de-freeze NGO's domestic accounts. The case is ongoing in the Supreme Court of India.
Save Indian Family Foundation (SIFF) is a men's rights group in India. It is a registered, non-funded, non-profit, non-governmental organization (NGO) and works with various like-minded NGOs in India.
The Protection of Women from Domestic Violence Act 2005 is an Act of the Parliament of India enacted to protect women from domestic violence. It was brought into force by the Indian government and Ministry of Women and Child Development on 26 October 2006. The Act provides a definition of "domestic violence" for the first time in Indian law, with this definition being broad and including not only physical violence, but also other forms of violence such as emotional, verbal, sexual and psychological abuse. It is a civil law meant primarily for protection orders, rather than criminal enforcement.
The Mathura rape case was an incident of custodial rape in India on 26 March 1972, wherein Mathura, a young tribal girl, was allegedly raped by two policemen on the compound of Desaiganj Police Station in Gadchiroli district of Maharashtra. After the Supreme Court acquitted the accused, there was public outcry and protests, which eventually led to amendments in the Indian rape law via The Criminal Law Amendment Act 1983.
Gender inequality in India refers to health, education, economic and political inequalities between men and women in India. Various international gender inequality indices rank India differently on each of these factors, as well as on a composite basis, and these indices are controversial.
Cohabitation in India is legal. It is prevalent mostly among the people living in metro cities in India.
Domestic violence in India includes any form of violence suffered by a person from a biological relative but typically is the violence suffered by a woman by male members of her family or relatives. Although Men also suffer Domestic violence, the law under IPC 498A specifically protects only women. Specifically only a woman can file a case of domestic violence. According to a National Family and Health Survey in 2005, total lifetime prevalence of domestic violence was 33.5% and 8.5% for sexual violence among women aged 15–49. A 2014 study in The Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means that the violence affects 27.5 million women over their lifetimes. However, an opinion survey among experts carried out by the Thomson Reuters Foundation ranked India as the most dangerous country in the world for women.
Rape is the fourth most common crime against women in India. According to the 2021 annual report of the National Crime Records Bureau (NCRB), 31,677 rape cases were registered across the country, or an average of 86 cases daily, a rise from 2020 with 28,046 cases, while in 2019, 32,033 cases were registered. Of the total 31,677 rape cases, 28,147(nearly 89%) of the rapes were committed by persons known to the victim. The share of victims who were minors or below 18 – the legal age of consent – stood at 10%.
The 2012 Delhi gang rape and murder, commonly known as the Nirbhaya case, involved a rape and fatal assault that occurred on 16 December 2012 in Munirka, a neighbourhood in South Delhi. The incident took place when Jyoti Singh, a 23-year-old physiotherapy intern, was beaten, gang-raped, and tortured in a private bus in which she was travelling with her male friend, Avnindra Pratap Pandey. There were six others in the bus, including the driver, all of whom raped the woman and beat her friend. She was rushed to Safdarjung Hospital in Delhi for treatment and transferred to Singapore eleven days after the assault, where she succumbed to her injuries 2 days later. The incident generated widespread national and international coverage and was widely condemned, both in India and abroad. Subsequently, public protests against the state and central governments for failing to provide adequate security for women took place in New Delhi, where thousands of protesters clashed with security forces. Similar protests took place in major cities throughout the country. Since Indian law does not allow the press to publish a rape victim's name, the victim was widely known as Nirbhaya, meaning "fearless", and her struggle and death became a symbol of women's resistance to rape around the world.
Flavia Agnes is an Indian women's rights lawyer with expertise in marital, divorce, and property law. She has published articles in the journals Subaltern Studies, Economic and Political Weekly, and Manushi. She writes on themes of minorities and law, gender and law, law in the context of women's movements, and on issues of domestic violence, feminist jurisprudence, and minority rights.
Lotika Sarkar was a noted Indian feminist, social worker, educator and lawyer, who was a pioneer in the field of women's studies and women's rights in India. She was a founding member of Centre for Women's Development Studies (CWDS), Delhi, established in 1980, and also Indian Association for Women Studies, established in 1982. Starting in 1951, she taught law at Faculty of Law, University of Delhi till 1983, and also remained the head of the law faculty; thereafter she taught at Indian Law Institute. She was the first Indian woman to graduate from Cambridge University, and later in 1951 she also became the first woman to receive a PhD degree in law from the university.
Violence against women in India refers to physical or sexual violence committed against a woman, typically by a man. Common forms of violence against women in India include acts such as domestic abuse, sexual assault, and murder. In order to be considered violence against women, the act must be committed solely because the victim is female. Most typically, these acts are committed by men as a result of the long-standing gender inequalities present in the country.
Prof Patricia Lynn Easteal PhD AM is an academic, author, activist and advocate, best known for her research, publications and teaching in the area of women and the law. In 2010 she was made a Member of the Order of Australia 'For service to the community, education and the law through promoting awareness and understanding of violence against women, discrimination and access to justice for minority groups'.
Vrinda Grover is a lawyer, researcher, and human rights and women's rights activist based in New Delhi, India. As a lawyer, she has appeared in prominent human rights cases and represented women and child survivors of domestic and sexual violence; victims and survivors of communal massacre, extrajudicial killings and custodial torture; sexual minorities; trade unions; and political activists.
The dowry system in India refers to the durable goods, cash, and real or movable property that the bride's family gives to the groom, his parents and his relatives as a condition of the marriage. Dowry is called "दहेज" in Hindi and as جہیز in Urdu.
Karuna Nundy is an Indian lawyer at the Supreme Court of India and the focus of her work is on constitutional law, commercial litigation and arbitration, media law and legal policy.
Anu Peshawaria is an Indian American US Immigration lawyer, author, activist, and philanthropist having founded several non profits & a Wimbledon tennis player from the United States. Her legal work focuses on immigrant rights, domestic violence, women's rights, and children's rights, and she has practiced immigration law before the Supreme Court of the United States, Supreme Court of Washington, and Supreme Court of India. She was the First legal advisor appointed by Govt of India to the US Embassy in Washington DC. She was also Former India's No 1 Women's tennis Champion. She founded "Seva Legal Aid" to help victims of hate crimes&domestic abuse. She also won major International tennis tournaments around the world including playing for India at Wimbledon in 1979. She has assisted survivors from all around the world, varying from India, South America, Syria, Iraq, Afghanistan, Africa, Somalia & Burma.
Amid the COVID-19 pandemic, many countries have reported an increase in domestic violence and intimate partner violence. United Nations Secretary-General António Guterres, noting the "horrifying global surge", has called for a domestic violence "ceasefire". UN Women stated that COVID-19 created "conditions for abuse that are ideal for abusers because it forced people into lockdown" thus causing a "shadow pandemic" that exacerbated preexisting issues with domestic violence globally.
Apar Gupta is a lawyer and writer on democracy and technology from India. In 2019 he was elected as an Ashoka Fellow for, "creating a model for digital rights advocacy in the country that is driven by the public, for the public."
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