This book examines the prevailing legal discourse surrounding domestic violence law in India. It investigates the myths, patriarchal stereotypes, and misconceptions that undermine the process of justice and dilute legal provisions to the detriment of survivors.
- Develops arguments based on legal case studies and draws extensively on knowledge from various fields of study, as well as the experience of women survivors.
- Examines fallacies within the legal framework through a study of strategic lawsuits against public participation suits within the Indian context.
- Proposes measures for a fair and more gender inclusive legal system that focuses on facilitating access to justice.
- Suggests that emphasis be laid on establishing the rule of law and eliminating the culture of violence.
A key text on gender and law in India, this book will be indispensable to scholars and researchers of socio-legal studies, law, gender, human rights, women’s studies, social science, political science, and feminist jurisprudence in South Asia. It will also be of interest to NGOs, activists, and lawyers.
Table of Contents
1: Different Dimensions of Domestic Violence in India 2: The Backlash Against Domestic Violence Law 3: 'Disgruntled Women' and Access to Justice 4: Domestic Violence, Patriarchal Terrorism, and the Law 5: The Culture of Silence, Violence, And Impunity 6: Marriage, Money, And the Law 7: The Politics of Marital Rape and Law 8: The Backlash Against The Backlash: Eliminating Myths and Ending Misogyny
Shalu Nigam is an advocate, researcher, and activist working at the intersection of gender, law, governance, and human rights issues. She has completed her PhD in Social Work and obtained a law degree. She is currently practicing at the courts of Delhi and is associated with the People’s Union for Civil Liberties, Delhi, India. She has previously worked with the Indian Social Institute, New Delhi, as well as the Centre for Women’s Development Studies, New Delhi. She was awarded a Senior Fellowship by the Indian Council of Social Science Research, New Delhi. Her publications include The Founding Mothers: 15 Women Architects of the Indian Constitution (coauthor, 2016) and Women and Domestic Violence Law in India: A Quest for Justice (2019). She has been a regular contributor to countercurrents.org and has published essays in journals such as the South Asia Journal, Social Action, International Journal of Gender and Women’s Studies, and Legal News and Views.