Nari Adalats: Women-only courts for alternative dispute resolution
Context: The Centre is launching a unique initiative of setting up women-only courts - Nari Adalats - at the village level as an alternate dispute resolution forum for issues like domestic violence, property rights and countering the patriarchal system.
Nari Adalat
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Nari Adalat aims to provide an alternative dispute resolution forum for issues such as domestic violence, property rights, and countering patriarchal norms.
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The pilot project will commence in 50 villages each in Assam and Jammu and Kashmir, with plans for nationwide implementation over the next six months.
Structure and Functioning
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Composition: Each Nari Adalat will consist of 7-9 members, with half elected members of the gram panchayat and the other half being women with social standing, such as teachers, doctors, and social workers.
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The head of Nari Adalat called the Mukhya Nyaya Sakhi [chief legal friend] will be chosen among the Nyaya Sakhis, generally for a six-month term.
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The Nari Adalat though does not hold any legal status, has its primary focus on reconciliation, grievance redressal and creating awareness of rights and entitlements.
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Objectives: It will address individual cases, promote awareness about social schemes, collect feedback, raise awareness about legal rights, and resolve cases falling within its jurisdiction.
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Services Provided: The platform will offer alternate dispute resolution, grievance redressal, counseling, evidence-based decision making, pressure group tactics, negotiation, mediation, and reconciliation for accessible and affordable justice.
Significance of Nari Adalats
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The Nari Adalat will not only address individual cases but also raise awareness about social schemes under the government while collecting valuable feedback to enhance the effectiveness of these initiatives.
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It will cater to all women and girls who require assistance or have grievances within the local community.
Implementation and Collaboration
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Ministry-In-Charge: The Ministry of Women and Child Development will oversee the implementation of the scheme under the Sambal sub-scheme of Mission Shakti, dedicated to women’s safety, security, and empowerment.
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Collaborative Efforts: The Ministry of Panchayati Raj, the Ministry of Rural Development, and the Ministry of Electronics and Information Technology’s Common Service Centers will collaborate in the implementation process.
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Standard Operating Procedures: Detailed procedures for all states have been prepared and will be released to ensure uniformity and effective functioning of Nari Adalats.
Inception of the idea
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Previous Initiatives: The scheme draws inspiration from the Parivarik Mahila Lok Adalats (People’s Court of Women) previously operated by the National Commission for Women (NCW).
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Focus Areas: These courts addressed matters related to family affairs, matrimonial disputes, bigamy, succession, and motor vehicle accident disputes related to labor.
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Discontinued Scheme: The NCW-assisted Parivarik Mahila Lok Adalats conducted a total of 298 sessions before the scheme was discontinued in 2014-15.
Need for such scheme
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Persisting Gender Bias: Women’s only courts counter gender bias in traditional court systems, providing a fair and non-discriminatory environment for women’s cases.
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Cultural and Social Barriers: These courts break down cultural and social barriers that prevent women from seeking justice, offering a culturally sensitive space where they can freely participate.
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Empowerment and Agency: Women’s only courts empower women to assert their rights, challenge patriarchal norms, and access justice independently.
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Addressing Specific Issues: These courts focus on women’s unique issues, including domestic violence, property rights, and gender-based discrimination.
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Enhanced Access to Justice: By being located at the village level, women’s only courts improve access to justice for women who face geographical and logistical challenges in reaching mainstream courts.
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Alternative Dispute Resolution: These courts offer mediation and negotiation options, which are more effective and less adversarial for resolving disputes, particularly in family and community conflicts.
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Precedents and Awareness: Women’s only courts set legal precedents and raise awareness about women’s rights, influencing social norms and promoting positive change.
Conclusion
By: Shubham Tiwari ProfileResourcesReport error