NARI ADALAT – GOVERNMENT SCHEME
News: Coming,
women-only courts for alternative dispute resolution
What's in the news?
● The
scheme would be launched on a pilot basis in 50 villages each in Assam and Jammu and Kashmir from August and
would be extended to the rest of the country over the next six months.
Nari Adalat:
● It
is an initiative of setting up women-only
courts at the village level as an alternate dispute resolution forum for
issues like domestic violence, property rights and countering the patriarchal
system.
● The
scheme takes inspiration from the PARIVARIK
MAHILA LOK ADALATS [People’s Court of Women] which were run by the National
Commission for Women (NCW) till 2014-15.
Members:
● The
Nari Adalat of each village would have
7-9 members – half of which would be the elected members of the gram
panchayat and the other half women with social standing like teachers, doctors
and social workers – who would be nominated by the villagers.
● The
platform leverages their potential as advisers and leaders within their
communities, functioning as a pressure group.
Election:
● Members
known as NYAYA SAKHIS [legal friends]
will be nominated or selected by the gram panchayat.
● The
head of Nari Adalat called the MUKHYA
NYAYA SAKHI [chief legal friend] will be chosen among the NYAY SAKHIS.
Tenure:
● The
tenure of the head will be generally six
months after which a new one will be selected.
Dealt Cases:
● The
Nari Adalat [women’s court] 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.
● It
will cater to all women and girls who require assistance or have grievances within the local community.
● The
matters redressed through these Adalats, which were provided financial
assistance by the NCW, related to family
affairs, matrimonial disputes, bigamy, succession, and motor vehicle accident
disputes related to labour.
Functions:
● Raising
awareness about the legal rights and
entitlements of women and resolving cases falling within its jurisdiction.
● The
services provided will include alternate
dispute resolution and grievance redressal, counselling, evidence-based
decision making, pressure group tactics, negotiation, mediation and
reconciliation with mutual consent for accessible and affordable justice.
● The
platform will engage with citizens,
promoting awareness about women’s rights, legal opinions, various schemes
and collecting public feedback.
Nodal Ministry:
● The
scheme would be run by the Ministry of
Women and Child Development under the Sambal sub-scheme of Mission Shakti,
which is dedicated to strengthening women’s safety, security and empowerment.
● The
implementation process will be done in collaboration with the Ministry of
Panchayati Raj, the Ministry of Rural Development and Common Service Centers
operated by the Ministry of Electronics and Information technology.
Legal Status:
● 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.
Need for Nari Adalats:
1. 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.
2. 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.
3. Empowerment and Agency: Women's
only courts empower women to assert
their rights, challenge patriarchal norms, and access justice independently.
4. Addressing Specific Issues:
These courts focus on women's unique issues, including domestic violence, property rights, and gender-based discrimination.
5. 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.
6. 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.
7. Precedents and Awareness:
● Women's
only courts set legal precedents and raise awareness about women's rights, influencing social norms and promoting
positive change.
Challenges:
1. Lack of legal recognition and support from the
state:
● Although
they have been endorsed by the Supreme Court and some state governments, they do not
have any statutory backing or authority.
● They
often face resistance or interference from the police, judiciary or other
formal institutions.
2. Resource constraints and capacity issues:
● They
depend on voluntary contributions from
the community or external agencies for their functioning. They often lack
adequate infrastructure, training, documentation and monitoring systems.
3. Social and cultural barriers and backlash:
● They
sometimes encounter hostility or opposition from the male-dominated or
conservative sections of society who perceive them as a threat to their power
or privilege.
● They
also face challenges in dealing with
complex or sensitive cases such as rape, dowry or honour killing.
Way forward:
1. Seek legal recognition and support from the state:
● The
Centre should enact a law or policy that recognizes Nari Adalats as an
alternative dispute resolution mechanism for women's issues.
● The
state governments should provide financial, administrative and technical
assistance to Nari Adalats.
2. Enhance their resource base and capacity building:
● The
Centre should allocate funds for Nari Adalats under various schemes such as
Mahila Shakti Kendra or National Rural Livelihood Mission.
● The
state governments should provide infrastructure, training, documentation and
monitoring facilities to Nari Adalats.
3. Overcome social and cultural barriers and backlash:
● The
Centre should launch a nationwide campaign to create awareness and acceptance
of Nari Adalats among the public, especially men.
● The
state governments should ensure the security and protection of Nari Adalats
from any threats or attacks.
The
establishment of women-only courts at the village level through the Nari Adalat
initiative demonstrates the government's commitment to empowering women and promoting gender justice.