The centre is launching women-only courts for alternative dispute resolution (ADR) at the village level. It plans to address issues like domestic violence and property rights as well as countering the tribulation of the patriarchal system.
Starting with the pilot phase in fifty villages each in Assam and Jammu and Kashmir from August and based on its success, the initiative will be extended to the rest of the country over the next six months.
Being the first women-only court system for ADR, it would be a pioneering scheme that will contribute to fostering gender equality and aim to ensure justice for women across the nation. Such an ambitious step reflects the sturdy commitment of the government to enhancing accessibility to justice and promoting women’s rights.
What makes women-only courts so significant?
Women-only courts seem extremely beneficial, especially at the rural level, to tackle the notorious patriarchal elements of society that overpower feminine voices when calling for accessibility to justice.
Gender disparity coupled with caste issues, especially at rural levels, often leads to the inaccessibility of the judiciary and justice-seeking systems.
For instance, women are 30 percent reserved at the lower judiciary level. Interestingly, the number of women in the lower judiciary is higher than in the reservation, which demonstrates that women are getting into the courts on the basis of their merit.
It refutes the claim that women are incompetent. Therefore, revamping the existing structure or replacing structures like the collegium system with something else will not yield a long-term and sustainable solution. At this juncture, women-only courts complement and not replace the existing systems, addressing gender-based inequalities and providing a supportive environment where barriers to justice are more pronounced.
In each village, the Nari Adalat would have 7 to 9 members. Half of them would be the elected members of the gram panchayat, while the other half would be women with some social standing, like doctors or teachers, who would be nominated by the villagers.
It will not only address individual cases but also cater to all women and girls who require legal assistance by providing a safe space and assuring them of confidentiality and privacy. A gender-sensitive approach would present a new perspective on solving issues ranging from access to justice to gender biases and stereotypes that often lead to moral police.
In addition, women are discouraged from seeking legal assistance due to a variety of barriers, including social and cultural ones. Therefore, the primordial functions include raising awareness about women’s legal rights and entitlements. Establishing women-only courts at the rural level brings justice closer to their doorstep, making it more accessible and convenient for women to seek legal recourse.
However, it does not hold any legal status and focuses on reconciliation, creating awareness of government schemes, women rights and their entitlements, and redressing grievances.