Shalu Nigam

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
NationalityIndian
EducationPh.D., MA Social Work, LLB
Alma mater
OccupationLawyer
Known for

Biography

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, and Domestic Violence Law in India: Myth and Misogyny. 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]

Education and career

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]

Advocacy

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]

Shalu Nigam v. Regional Passport Officer

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]

Selected works

Books
  • Nigam, Shalu (2008). Domestic Violence in India: What One Should Know? (A Resource Book). We the People Trust. ISBN 978-8190367141.
  • Scaria, Mary; Nigam, Shalu (2016). The Founding Mothers: 15 Women Architects of the Indian Constitution. Delhi: Media House. ISBN 9789374956366.
  • Nigam, Shalu (2020). Women and Domestic Violence Law in India: A Quest for Justice. Routledge India. ISBN 9780367777715.
  • Nigam, Shalu (2021). Domestic Violence Law in India: Myth and Misogyny. Routledge India. ISBN 9780367344818.
  • Nigam Shalu (2023) Dowry is a Serious Economic Violence: Rethinking Dowry Law in India ISBN 9798394429057

Chapters
  • Nigam Shalu (2018) #MeTooIndia is a tip of an iceberg and has shaken the patriarchy's core In #MeToo - A Blow to Patriarchy, Edited by Binu Mathew Published by People's Literature Publication and countercurrents.org ISBN 9788193471470[46]
  • Nigam Shalu (2022) Adjudicating Domestic Violence in the Courts, In Routledge Readings on Law, Development and Legal Pluralism, Ecology, Families, Governance, Edited by Kalpana Kannabiran, ISBN 9781032269283[47]

Papers
  • Nigam Shalu (2005) Understanding Justice Delivery System from the Perspective of Women Litigants as Victims of Domestic Violence in India (Specifically in the Context of Section 498-A, IPC), Occasional Paper No 39, CWDS, New Delhi[48]
  • Nigam Shalu (2008) Legal Literacy: A Tool for Empowerment, Social Action, Volume 58 Issue (2) pp. 216–226[49]
  • Nigam Shalu (2014) Violence, Protest and Change: A Socio-Legal Analysis of Extraordinary Mobilization after the 2012 Delhi Gang Rape Case, International Journal of Gender and Women's Studies June 2014, Vol. 2, No. 2, pp. 197–221[50]
  • Nigam Shalu (2017) Is Domestic Violence A Lesser Crime? Countering The Backlash Against Section 498A, IPC, Occasional Paper No 61, CWDS, New Delhi[51]
  • Nigam Shalu (2020) COVID-19: Right to Life with Dignity and Violence in Homes, SPRI Vision, XI (1) 97-120[52]
  • Nigam Shalu (2020) A Hindu Daughter’s Right to Property: Is the retrospective amendment of Section 6 of the Hindu Succession Act a step towards women’s economic empowerment?, Legal News and Views, Volume 34 No.9 September Issue page 2-8[53]

More
  • Nigam Shalu (2019) Gender Specific Laws on Violence in India, In Training Manual for Legal Empowerment of Women and Girls with Physical Disabilities in India, Editor Renu Addlakha, Center for Women's Development Studies, New Delhi[54]
  • Nigam Shalu (2019) Domestic Violence, In Training Manual for Empowerment of Women and Girls with Disabilities in India, Editor Renu Addlakha, Center for Women's Development Studies, New Delhi[55]
  • Nigam Shalu (2014) Yes, I am a woman, Countercurrents.org, 28 July[56]
  • Nigam Shalu (2021) Every little girl has a dream, a dream that will not die, Countercurrents.org, 27 September[57]
  • Nigam Shalu (2021) MeeLord! I am seeking justice as a citizen! Countercurrents.org, 20 November[58]
  • Nigam Shalu (2022) The Curses of Patriarchy, 8 November[59]

In Hindi
  • सूचना का अधिकार: कुछ सामाजिक वे कानूनी पहलू We the People Trust, Delhi ISBN 9788190367134[60]
  • Nigam Shalu (2022) दहेज प्रथा अभी भी क्यों कायम है जब कानून द्वारा इसे प्रतिबंधित कर दिया गया?[61]
  • लिव-इन रिलेशनशिप में महिलाओं के खिलाफ हिंसा और कानूनी सुरक्षा (2023)[62]
  • जब घूंघट बना इंक़लाब का परचम : हिजाब, नारीवाद और निरंकुशता[63]
  • TEDx Talk on 12 March 2022 on Demystifying the Power of Law[64]
  • A Webinar on Implementing Domestic Violence Law in India: Are we asking the right questions? held on 16 December 2021[65]

See also

References
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  6. Shalu Nigam, Jamia Millia Islamia (2001). "Changing doctor-patient relationship with special reference to the consumer protection act,1986". Retrieved 18 November 2021.
  7. "Visiting Fellows". Centre for Women's Development Studies. Retrieved 24 July 2021.
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  11. Rajvanshi, Astha (24 June 2020). "India's women are suffering under lockdown". Institute of Current World Affairs. Retrieved 24 July 2021.
  12. Hossain, Md. Elias; Najib, Arshadina Umara; Islam, Md. Zahidul (2020). "Combating Domestic Violence during COVID-19 Pandemic in Bangladesh: Using a Mobile Application integrated with an Effective Solution". 2020 23rd International Conference on Computer and Information Technology (ICCIT). pp. 1–6. doi:10.1109/ICCIT51783.2020.9392691. ISBN 978-1-6654-2244-4. S2CID 233197054.
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  15. Gupta Aashna, 3 May 2021 (3 May 2021). "Marital Rape in India – An (Un)Recognised Offence The social, cultural, and legal contexts of marital rape in India". Critical Edges. Retrieved 27 August 2021.
  16. Patel, Krina (2019). "The Gap in Marital Rape Law in India: Advocating for Criminalization and Social Change". Fordham International Law Journal. 42 (5): 1019–1046. Retrieved 27 August 2021.
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  26. Sangiovanni, Paola (August 2021). "Worldwide: Are Patents To Blame For Scarcity Of Vaccines?". mondaq.com. Retrieved 13 September 2021.
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  31. Pandey, Shrutika (16 July 2021). "De-Humanizing And Sexualizing Muslim Women: An Open Letter By 900 Activists/Lawyers Against 'Auction' Of Muslim Women On GitHub Platform". LiveLaw. Retrieved 24 July 2021.
  32. "'Act of Intimidation and Harm': Rights Activists on 'Sulli Deals' App Targeting Muslim Women". The Wire. 13 July 2021. Retrieved 25 July 2021.
  33. "'A Sinister Purpose': Activists Denounce Govt's Decision to Commemorate Triple Talaq Law". TheWire.in. 2 August 2021. Retrieved 25 August 2021.
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  41. Garg, Abhinav (21 May 2016). "Father's name not needed for passport, Delhi HC says". Times of India. Retrieved 24 July 2021.
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  43. "Passport rules liberalized for single parents, adopted children". The New Indian Express. 23 December 2016. Retrieved 24 July 2021.
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  45. de Souza, Siddharth Peter; Herklotz, Tanja, eds. (2021). Mutinies for Equality: Contemporary Developments in Law and Gender in India. Cambridge University Press. pp. 218–219. ISBN 9781009003742. Retrieved 24 July 2021.
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  51. Shalu, Nigam (2017). "Is Domestic Violence a Lesser Crime? Countering the backlash Against Section 498A, IPC" (PDF). cwds.ac.in. cwds. Retrieved 3 October 2021.
  52. Nigam, Shalu (15 August 2020). "COVID-19: Right to Life with Dignity and Violence in Homes". SSRN. SSRN 3674336. Retrieved 7 October 2021.
  53. Shalu, Nigam (17 September 2020). "A Hindu Daughter's Right to Property: Is the retrospective amendment of Section 6 of the Hindu Succession Act a step towards women's economic empowerment?". SSRN. Legal News and Views, Vol. 34, No. 9 Page 2-8. SSRN 3694339. Retrieved 13 October 2021.
  54. Nigam, Shalu (4 December 2019). Gender Specific Laws on Violence in India (Edited by Renu Addlakha ed.). Delhi, India: Center for Women's Development Studies. pp. 89–119. SSRN 3498382. Retrieved 6 February 2022.
  55. Nigam, Shalu (4 December 2019). Domestic Violence (Edited by Renu Addlakha ed.). Delhi, India: Center for Women's Development Studies. pp. 192–209. SSRN 3498396. Retrieved 6 February 2022.
  56. Nigam Shalu, (2014) 28 July. "Yes, I am a woman". countercurrents.org. Retrieved 3 October 2021.
  57. Nigam Shalu, (2021) 27 September (27 September 2021). "Every little girl has a dream, a dream that will not die…". Countercurrents.org. Retrieved 3 October 2021.
  58. "MeeLord! I Am Seeking Justice As A Citizen!| Countercurrents". 20 November 2021. Retrieved 20 November 2021.
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  61. Nigam, Shalu (2022). "दहेज प्रथा अभी भी क्यों कायम है जब कानून द्वारा इसे प्रतिबंधित कर दिया गया?". www.hastkeshep.com. Retrieved 3 January 2023.
  62. "लिव-इन रिलेशनशिप में महिलाओं के खिलाफ हिंसा और कानूनी सुरक्षा". hastakshep | हस्तक्षेप (in Hindi). Retrieved 22 January 2023.
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