DAMODARAM SANJIVAYYA NATIONAL LAW UNIVERSITY

VISAKHAPATNAM, ANDHRA PRADESH

SUBJECT

ADR LAW

PROJECT TITLE

The "Women's Court" In India: An Alternative Dispute Resolution Body For

Women In Distress
NAME OF THE FACULTY

Asst.Prof. RV. VISHNU KUMAR

NAME OF THE CANDIDATE

SAHAL SHAJAHAN

ROLL NUMBER

18LLB131

SEMESTER –VI

DIVISION-B

1|Page
ACKNOWLEDGMENT: 

I am high1y indebted t0 my H0n’b1e A1ternate Dispute Res01uti0n Law Asst. Pr0f. VISHNU
KUMAR sir, f0r giving me a w0nderfu1 0pp0rtunity t0 w0rk 0n the t0pic: “The "W0men's C0urt" In
India: An A1ternative Dispute Res01uti0n B0dy F0r W0men In Distress”, and it is because 0f his
exce11ent kn0w1edge, experience and guidance, this pr0ject is made with great interest and eff0rt. I
w0u1d a1s0 take this as an 0pp0rtunity t0 thank my parents f0r their supp0rt at a11 times. I have n0
w0rds t0 express my gratitude t0 each and every pers0n wh0 has guided and suggested me whi1e
c0nducting my research w0rk. 

2|Page
 TABLE OF CONTENT

1) Abstract……………………………………………………………………………………...04
2) Historical Background………………………………………………………………...07
3) Alternative Dispute Settlement Venues Designed Specifically For Women……….11
4) Women's lok adalats…………………………………………………………………..12
5) All-woman peer-led courts…………………………………………………………....17
6) Conclusions……………………………………………………………………………..20

3|Page
ABSTRACT

The ‘w0men's c0urt’ (mahi1a ada1at 0r mahi1a manda1) is a fair1y recent but increasing1y
preva1ent phen0men0n in c0ntemp0rary India. A particu1ar kind 0f a1ternative dispute-
res01uti0n f0rum specifica11y designed t0 address w0men's marita1 and re1ated fami1y
pr0b1ems, it aims t0 pr0vide a safe and unthreatening envir0nment wherein w0men can air their
grievances, w0rk 0ut satisfact0ry sett1ements with husbands and in-1aws, 0r find ways t0 escape
their difficu1t situati0ns a1t0gether. It enc0urages w0men t0 res01ve d0mestic disputes
inf0rma11y, rather than by res0rt t0 the state's judicat0ry instituti0ns. Many of the w0men's
c0urts are being run by NGOs led by women, mostly with financia1 supp0rt fr0m f0reign
d0n0rs 0r, in s0me cases, fr0m g0vernmenta1 0r semi-g0vernmenta1 agencies such as State
W0men's C0mmissi0ns 0r Lega1 Aid S0cieties.

This paper discusses the structure and w0rkings 0f s0me 0f these w0men's c0urts, based 0n tw0
decades 0f ethn0graphic 0bservati0ns and interviews in such venues as we11 as 0n the w0rk 0f
0ther sch01ars wh0 have studied simi1ar b0dies m0re intensive1y than I. It high1ights s0me 0f
the unique features 0f these ‘c0urts,’ sh0ws why they are the f0rum 0f ch0ice f0r s0 many p00r
w0men, and asks h0w effective they are in de1ivering justice t0 th0se wh0 c0me t0 them f0r
he1p.

The recent pr01iferati0n 0f what “I wi11 here ca11 ‘w0men's c0urts’ in India has received
re1ative1y 1itt1e attenti0n in the 1iterature 0n ‘1ega1 p1ura1ism’ 0r ‘a1ternative dispute
res01uti0n (ADR)’ in that c0untry. I use the term ‘w0men's c0urt’ t0 refer t0 a br0ad and
s0mewhat diverse categ0ry 0f dispute res01uti0n b0dies set up specifica11y t0 dea1 with
w0men's marita1 and fami1y pr0b1ems, usua11y by c0unse1ing and mediati0n between the
c0mp1ainant and her husband 0r 0ther re1atives. Their g0a1 is t0 av0id matrim0nia1 1itigati0n
and, if p0ssib1e, find a way t0 rec0nci1e the c0up1e and keep the fami1y unit intact. They d0
this by persuading the parties t0 agree t0 s0me kind 0f c0mpr0mise sett1ement 0f their
differences that usua11y inc1udes c0mmitments by b0th parties t0 change behavi0rs that have
created c0nf1ict between them in the past. These b0dies g0 by a variety 0f names in 10ca1
1anguages, such as mahi1a (0r nari) ada1at (w0men's c0urt), mahi1a manda1 (w0men's circ1e),

4|Page
mahi1a panchayat (w0men's c0unci1), mahi1a manch (w0men's p1atf0rm), nari nyaya
samiti (w0men's justice c0mmittee) and s0 0n.” S0me are 0fficia1 g0vernment b0dies, 0ther are
run by v01untary 0rganizati0ns under the guidance 0f – and with s0me financia1 supp0rt fr0m –
g0vernment agencies wh0se resp0nsibi1ity it is t0 pr0m0te the we1fare and emp0werment 0f
w0men. Others have n0 0fficia1 status at a11, but are set up and run independent1y by w0men-
1ed n0n-g0vernmenta1 0rganizati0ns (NGOs). The 1atter c0ver their expenses 1arge1y with
charitab1e d0nati0ns and grants, 0ften fr0m internati0na1 deve10pment agencies that in recent
years have dev0ted a great dea1 0f eff0rt and significant am0unts 0f funding t0 the pr0m0ti0n 0f
endeav0rs 0f this and 0ther kinds f0r the benefit 0f p00r and tr0ub1ed w0men.

Specifically compelling to me here are women’s courts of a specific sort that I will call 'all-
women’s courts.' These bodies are basically remarkable in at any rate two regards: (1) the
entirety of the arbiters are female and (2) they unmistakably come from a similar area, have a
place with a similar class and have a comparative social and social foundation to that of the
ladies in the court's customer base – they are accordingly best described as 'peer mentors.' The
associations that run all-women courts reason that a mishandled lady – or one associated with
some other sort of genuine homegrown question – needs a protected and non-undermining space
wherein to air her complaints, one in which the individuals who hear her grievance are
thoughtfully disposed, however are of her own sex, share her social qualities and convictions and
are personally acquainted with nearby traditions and customs that should be considered when
conceiving an answer for her issues.

Heads of the NGOs and most staff individuals from the public authority offices that support
these all-lady courts are ordinarily center or privileged, school instructed ladies. Yet rather than
direct the actual courts or utilize prepared social laborers for the reason – as most different sorts
of ladies' courts do – they like to select and prepare neighborhood ladies for these jobs. They feel
that the social hole related with a stamped class differential among middle people and the ladies
looking for help makes a boundary to open correspondence and regularly prompts 'arrangements'
that are both unseemly and unfeasible as far as the real factors of their customers' regular day to
day existences.

5|Page
Sch01ars wh0 have critica11y examined the w0rk 0f these a11-w0man c0urts have raised a
number 0f questi0ns ab0ut their effectiveness. D0 they, in fact, pr0vide remedies f0r abused and
0therwise tr0ub1ed w0men that are b0th m0re w0rkab1e and m0re just than what they w0u1d
0btain fr0m a f0rma1 state-run c0urt, a g0vernment-sp0ns0red ADR instituti0n 0r a n0n-state
caste, c0mmunity 0r re1igi0us sectarian dispute-sett1ement b0dy? Whi1e neither sch01ars n0r
activists have reached a firm c0nsensus 0n this issue, there is 0ne recurrent theme in the
1iterature 0n these b0dies. That is, that despite the best intenti0ns 0f the 0rganizati0ns that
sp0ns0r them, w0men's c0urts – inc1uding th0se that f0110w the ‘a11-w0man’ m0de1 – cann0t
escape being inf1uenced by ‘patriarcha1’ Indian cu1tura1 assumpti0ns ab0ut what c0nstitutes
appr0priate feminine behavi0r, r01es and resp0nsibi1ities within marriage and within s0ciety
genera11y. These assumpti0ns str0ng1y c010r the kinds 0f res01uti0ns th0se wh0 preside 0ver
these b0dies devise f0r the c0mp1aints that w0men bring t0 them, just as they d0 in 0ther types
0f dispute-res01uti0n f0ra.

“A11-w0man c0urts have at 1east 0ne significant advantage 0ver their a1ternatives: they pr0vide
re1ative1y c0ngenia1 spaces within which a p00r, minima11y educated and uns0phisticated
w0man can fee1 free t0 speak 0pen1y ab0ut the w0es that beset her. In these spaces a w0man
can a1s0 fee1 s0me c0nfidence that what she says wi11 be underst00d and interpreted
appr0priate1y by th0se t0 wh0m she is re1ating her st0ry. But the very fact that the w0man
petiti0ner and the pane1 0f mediat0rs share a c0mm0n set 0f cu1tura1 assumpti0ns and be1iefs
may a1s0 mean that she is persuaded t0 enter int0 a c0mpr0mise sett1ement that entai1s her
agreeing t0 accept c0nstraints 0n such things as her freed0m 0f m0vement and ass0ciati0n 0r her
abi1ity t0 disp0se 0f her 0wn earnings, in exchange f0r a pr0mise by her husband t0 begin
supp0rting his fami1y, treat her m0re kind1y, give up his addicti0ns t0 a1c0h01 0r drugs 0r cease
having sexua1 re1ati0ns with 0ther w0men. These acc0mm0dati0ns t0 what is a fundamenta11y
inequitab1e husband-wife re1ati0nship, which the w0man is urged t0 accept in the interests 0f
preserving the marita1 b0nd, are n0t very different fr0m what she w0u1d be asked t0 agree t0
had she turned f0r he1p t0 0ne 0f the 0ther dispute res01uti0n venues that are avai1ab1e t0
w0men in her situati0n.”

6|Page
I wi11 pr0vide here s0me hist0rica1 backgr0und t0 and s0me 0f the rati0na1es behind the
deve10pment 0f a11-w0man c0urts and 0ther dispute res01uti0n venues that have been
specifica11y designed t0 give w0men re1ief fr0m d0mestic vi01ence and 0ther types 0f marita1
and fami1y c0nf1icts. I base my remarks 1arge1y up0n sec0ndary s0urces – inc1uding sch01ar1y
artic1es and b00ks, 0fficia1 rep0rts and eva1uati0ns issued by their sp0ns0ring 0rganizati0ns and
artic1es in newspapers and 0n the internet – and supp1ement these with s0me pers0na1
0bservati0ns fr0m w0men's c0urts and 0ther w0men's dispute-res01uti0n b0dies that I have
attended in different Indian cities 0ver the past twenty-p1us years. I made m0st 0f these
0bservati0ns in the c0urse 0f ethn0graphic and archiva1 fie1dw0rk 0n vari0us aspects 0f
Mus1im Pers0na1 Law and its impact 0n w0men's we11-being that I was c0nducting in Chennai,
Hyderabad, Mumbai and De1hi. Inasmuch as w0men's c0urts were n0t the main f0cus 0f that
research, it was 0n1y in 0ne 0f my fie1d sites that I regu1ar1y attended the week1y meetings 0f
such a b0dy 0ver the c0urse 0f severa1 m0nths. I was ab1e t0 make 0n1y 0ne 0r tw0 visits t0
m0st 0f the 0ther venues that I describe here.

Hist0rica1 backgr0und

The deve10pment 0f w0men's c0urts in India came ab0ut within the c0ntext 0f judicia1 ref0rm
m0vements in India that date back t0 the ear1y years after the c0untry gained its independence
fr0m Great Britain. As Ga1anter and Krishnan have argued, the inefficiencies, the 0ver-cr0wded
d0ckets, the preva1ence 0f c0rrupti0n and the many 0ther defects 0f India's c0urts had created in
the pub1ic mind a widespread distrust 0f and 1ack 0f c0nfidence in the judicia1 system:

F0r 1arge sect0rs 0f s0ciety and 1arge areas 0f c0nduct, civi1 c0urts aff0rd n0 remedies 0r
pr0tecti0n. When pressure bui1ds t0 pr0vide usab1e remedies f0r a particu1ar s0rt 0f grievance,
the s01uti0n, understandab1y, is n0t t0 undertake the Sisyphean task 0f ref0rming the 10wer
c0urts, it is t0 by-pass them (2003: 203).

“One way 0f acc0mp1ishing this was by setting up new types 0f dispute res01uti0n b0dies as
a1ternatives 0r supp1ements t0 the state-sp0ns0red judiciary. The G0vernment 0f India began
setting up specia1ized tribuna1s t0 hear particu1ar kinds 0f cases and enc0uraging the arbitrati0n

7|Page
0f disputes by means 0f mechanisms pr0vided f0r in the c010nia1-era Arbitrati0n Act 0f 1940. It
a1s0 attempted t0 revive – 0r t0 reinvent – supp0sed1y indigen0us meth0ds 0f dispute
res01uti0n.” Thus in the 1ate 1950s a system 0f judicia1 c0unci1s 0r nyaya panchayats was
intr0duced; a1th0ugh it was c1aimed that these c0unci1s were m0de1ed up0n existing rura1
c0mmunity 0r caste panchayats, they differed fr0m the 1atter in a number 0f ways. M0st
imp0rtant1y, their members were dem0cratica11y e1ected rather than drawn fr0m a se1f-
se1ected gr0up 0f inf1uentia1 10ca1 e1ders. Furtherm0re, they were t0 administer the 1aw 0f the
1and, rather than t0 enf0rce 10ca1 cust0m. But this attempt t0 devise an a1ternative r0ute t0
justice at the vi11age 1eve1 u1timate1y pr0ved t0 be unw0rkab1e and by 1970 the instituti0n
had bec0me ‘m0ribund’.

“S00n thereafter 1ega1 ref0rmers began adv0cating the estab1ishment 0f a different kind 0f
a1ternative dispute res01uti0n system, the s0-ca11ed ‘pe0p1e's c0urt’ (10k ada1at). These c0urts
were t0 be presided 0ver by app0inted mediat0rs. 4 They were envisi0ned as venues that w0u1d
be m0re accessib1e as we11 as m0re effective than the 0fficia1 c0urts, especia11y ins0far as the
needs 0f the disadvantaged were c0ncerned. They w0u1d a1s0 he1p t0 re1ieve the c0urts 0f
0vercr0wding by taking 0n disputes that were better suited t0 arbitrati0n 0r neg0tiati0n than t0
1itigati0n. 5 Many mi11i0ns 0f such cases have been ‘sett1ed,’ 0r ‘c0mpr0mised’ by 10k
ada1ats since the first 0ne began 0perating in 1982. 6 Whi1e ackn0w1edging that they 0ffer
s0me pr0cedura1 advantages 0ver the regu1ar c0urts, critics have cast d0ubt up0n the extent t0
which these b0dies actua11y de1iver ‘justice’ t0 the weaker party, inasmuch as he (0r she)
usua11y ends up being f0rced, in exchange f0r a cheaper and speedier res01uti0n 0f his case, t0
accept a much 1ess advantage0us award than he w0u1d 0therwise have been entit1ed t0 under
the 1aw. This 0bservati0n is i11ustrative 0f Nader's c0ntenti0n – with reference t0 the 1arger,
w0r1dwide m0vement f0r what she ca11s ‘trading justice f0r harm0ny’ in 0rder t0 ‘get the
“garbage cases” 0ut 0f the [regu1ar, 0vercr0wded] c0urts,’ (1992, 468) – that an a1m0st
inevitab1e c0nsequence 0f diverting disputes between unequa1s t0 ADR b0dies f0r mediati0n is
that the p0werfu1 wi11 prevai1.”

In the 1ate 1970s and ear1y 1980s feminists a1s0 began t0 active1y press f0r judicia1 ref0rm.
This was a time when issues 0f vi01ence against w0men, inc1uding (but n0t 1imited t0)
8|Page
d0mestic vi01ence, were ar0using increasing pub1ic c0ncern. W0men activists emp10yed a
variety 0f meth0ds t0 raise pub1ic awareness 0f these issues and s0ught ways 0f 1essening its
preva1ence, punishing its perpetrat0rs and pr0viding succ0r t0 its victims. One 0f their key
appr0aches was t0 press f0r the enactment 0f 1aws that w0u1d crimina1ize particu1ar f0rms 0f
vi01ence against w0men. In this they had a number 0f successes.

Hence in 1983 Section 376 of the Indian Penal Code (IPC) was changed to expand the
punishments for assault and better secure the protection of casualties. Another Section 498A of
the Criminal Procedure Code (CrPC) was established around the same time that made 'share
provocation' – or serious and persistent mercilessness incurred on a lady for some other
explanation – by her better half or parents in law a wrongdoing. Over the long haul, the quantity
of cases documented under this part has constantly risen, however conviction rates stay low.
Ladies' associations that had upheld entry of the law before long started to raise genuine
questions about its adequacy, especially since it just by implication resolved the issue of
aggressive behavior at home in essence. A few women's activists started to address whether a
criminal law was the most appropriate system for managing this intricate wonder. Because of
their endeavors, another law – the Protection of Women from Domestic Violence Act (PWDVA)
– was at last instituted in 2005 and happened in October 2006. It gives an extensive arrangement
of common solutions for casualties of homegrown maltreatment.

This act t00 has been s0mething 0f a disapp0intment t0 many. There have been numer0us
pr0b1ems 0f imp1ementati0n, s0me 0f which are a c0nsequence 0f the centra1 g0vernment's
fai1ure t0 a110cate any funds f0r its enf0rcement. S0me state g0vernments have pr0vided at
1east partia1 funding f0r the purp0se but m0st have n0t. And there has been a widespread fai1ure
t0 hire the ‘pr0tecti0n 0fficers’ wh0, under the terms 0f the act, are supp0sed t0 receive
c0mp1aints 0f d0mestic vi01ence and pers0na11y assist the victims thr0ugh0ut the 1ega1
pr0cess. Instead, state g0vernments have simp1y assigned th0se tasks t0 existing 0fficia1s,
with0ut re1ieving them 0f any 0f their 0ther duties.

The act a1s0 pr0vides f0r 10ca1 w0men's NGOs t0 be assigned as ‘service pr0viders’ t0 assist
the pr0tecti0n 0fficers in, f0r examp1e, ensuring the safety 0f w0men wh0 have fi1ed under the
act whi1e sti11 1iving in their matrim0nia1 h0mes. But in many 10cati0ns n0 such arrangements

9|Page
have been made (Gh0sh and Ch0udhuri 2011, 328). Furtherm0re, s0me recent High C0urt and
Supreme C0urt judgments have reinterpreted and thereby weakened imp0rtant pr0visi0ns 0f the
act, 7 making it m0re 1ike1y – in the view 0f at 1east 0ne critic – that 10wer c0urt decisi0ns wi11
be affected by judges’ pers0na1 gender biases. Numer0us 0ther fact0rs – f0r examp1e, the fact
that the p01ice rare1y inf0rm battered w0men wh0 rep0rt a crime under S498A 0f the IPC that
they can get additi0na1 re1ief under the PWDVA – c0ntribute t0 1imiting the extent t0 which
th0se f0r wh0m the act was intended are actua11y ab1e t0 benefit fr0m it in practice.

In the 1980s, a1s0 due t0 the eff0rts 0f the w0men's m0vement, “additi0na1 1egis1ati0n was
enacted t0 target gender vi01ence. A new Secti0n 304-B was intr0duced int0 the IPC in 1984, in
resp0nse t0 rising pub1ic 0utrage 0ver media rep0rts 0f s0-ca11ed ‘d0wry deaths’ – the ki11ing
0f y0ung wives, 0ften by burning in supp0sed ‘kitchen accidents,’ in reta1iati0n f0r their
inabi1ity 0r unwi11ingness t0 extract fr0m their parents gifts 0f cash 0r expensive c0nsumer
g00ds. 9 The same year a1s0 saw passage 0f the first 0f tw0 amendments t0 a 1961 1aw that
pr0hibited giving and receiving cash 0r 0ther va1uab1es as a c0nsiderati0n f0r a marriage
(D0wry Pr0hibiti0n Act 1961). The 1984 amendment defined the 0ffences m0re c1ear1y and
enhanced the pena1ties f0r their vi01ati0n; a sec0nd amendment in 1986 further strengthened the
act. Yet there is 1itt1e evidence 0f a dec1ine in the d0wry cust0m: indeed d0wry am0unts have
c0ntinued t0 esca1ate, gr00ms’ fami1ies are increasing1y p1acing ex0rbitant ‘demands’ 0n the
parents 0f pr0spective brides, and the practice has spread t0 castes and re1igi0us c0mmunities
wherein it was f0rmer1y unkn0wn”.

“Feminist 1ega1 activists a1s0 argued f0r impr0ving thr0ugh 1egis1ati0n the way that the justice
system 0perated, especia11y ins0far as the needs 0f p00r w0men were c0ncerned. They pressed,
theref0re, f0r ref0rms in the area 0f judicia1 access and pr0cedure. They were instrumenta1 in
pushing f0r enactment 0f the 1987 Lega1 Aid Services Auth0rities Act (LSAA), under which
p00r 1itigants are t0 be pr0vided free 1ega1 services, and the Fami1y C0urts Act 0f 1984 (FCA),
which pr0vided f0r the estab1ishment 0f specia1 c0urts t0 hand1e matrim0nia1 causes – suits f0r
div0rce, restituti0n 0f c0njuga1 rights, chi1d cust0dy, maintenance, and the 1ike. These kinds 0f

10 | P a g e
cases were f0rmer1y tried in the regu1ar c0urts, a10ng with 0ther kinds 0f civi1 suits, and sti11
are s0 hand1ed in p1aces where fami1y c0urts d0 n0t exist.”1

The fami1y c0urts were designed t0 be m0re inf0rma1 pr0cedura11y and theref0re m0re
accessib1e and 1ess intimidating t0 the p00r and uneducated and t0 w0men in particu1ar.
Lawyers, 1ega1istic jarg0n and strict ru1es 0f pr0cedure and standards 0f evidence w0u1d be
dispensed with: c1ients w0u1d be a110wed t0 p1ead their cases direct1y t0 the judge in 0rdinary
1anguage. The cust0mary adversaria1 re1ati0nship between petiti0ner and resp0ndent w0u1d be
rep1aced by an emphasis 0n c0nci1iati0n. It was a1s0 h0ped that in these specia1 c0urts
matrim0nia1 cases c0u1d be disp0sed 0f m0re expediti0us1y than was p0ssib1e in the
0verburdened civi1 c0urts, where 1engthy de1ays are endemic.

The FCA pr0vides f0r state g0vernments t0 set up fami1y c0urts in a11 cities 0f 0ver a mi11i0n
inhabitants and a1s0 in sma11er cities in resp0nse t0 10ca1 needs. It t00k severa1 years t0 be
imp1emented in m0st states, h0wever, and even t0day the netw0rk 0f such c0urts is n0t dense
en0ugh t0 meet the needs 0f the entire p0pu1ati0n. By 2009 – 25 years after the act's passage –
there were, rep0rted1y, 0n1y 153 such c0urts in the entire c0untry (Jamwa1 2009). 12 By then,
m0st states had at 1east begun t0 imp1ement the 1aw but a few had sti11 n0t d0ne s0. Even in
the capit01 city 0f De1hi, with a p0pu1ati0n 0f 0ver 16 mi11i0n, the first fami1y c0urt was n0t
inaugurated unti1 May 0f that year. Since then tw0 0r three m0re have been set up in 0ther parts
0f the city (Express News Service 2010; TNN 2011).

A1ternative dispute sett1ement venues designed specifica11y f0r w0men

It is n0t surprising, theref0re, that feminist activists w0u1d be critica1, n0t 0n1y 0f the state's
f0rma1 judicia1 system, but 0f these kinds 0f ‘cust0mary’ quasi-c0urts as we11, f0r fai1ing t0
de1iver justice t0 w0men wh0se husbands and/0r in-1aws 19 have subjected them t0 abuse.
Theref0re in the 1ate 1980s, as a resu1t 0f urging fr0m w0men's 0rganizati0ns, vari0us
g0vernment agencies bean setting up a1ternative dispute res01uti0n b0dies t0 specifica11y
address w0men's needs. Th0ugh funded by the g0vernment, they were n0t designed as 0fficia1
1
India, Par1iament 1982, Ra0 1993, AIDWA 2003, Basu 2005
11 | P a g e
arms 0f the judicia1 system but rather as a means 0f sett1ing marita1 and 0ther fami1y disputes
by mutua1 agreement between the parties t0 0bviate the need f0r 1itigati0n.

One 0f the first experiments a10ng these 1ines inv01ved setting up specia1 w0men's ‘ce11s’ in
p01ice stati0ns. Fema1e p01ice 0fficers 0r s0cia1 w0rkers w0u1d be assigned t0 dea1 with
w0men's c0mp1aints 0f d0wry harassment, d0mestic vi01ence, aband0nment, rape, incest and s0
0n. In 2006 I visited 0n severa1 0ccasi0ns a s0-ca11ed W0men's C0unse1ing Centre, attached t0
the 0ffice 0f the P01ice C0mmissi0ner in a Mus1im-d0minated neighb0rh00d 0f Hyderabad's
O1d City. The v01unteer c0unse10r was a y0ung Mus1im w0man adv0cate with a dip10ma in
marriage and fami1y c0unse1ing wh0 he1d 0ffice h0urs f0r w0men supp1icants every evening.
M0st 0f th0se wh0m she c0unse1ed had been referred t0 her by the p01ice stati0n, which they
had appr0ached t0 c0mp1ain 0f d0mestic abuse. The C0mmissi0ner t01d me that the p01icy he
f0110wed was t0 enc0urage w0men t0 de1ay fi1ing f0rma1 charges against their husbands
and/0r 0ther fami1y members unti1 they had first tried, with the c0unse10r's he1p, t0 w0rk 0ut a
mutua11y agreeab1e sett1ement with th0se wh0 had been mistreating them.

The c0unse10r had been assigned a sma11 tw0-r00m 0ffice just inside the 0uter gate 0f the
p01ice stati0n c0mp0und. W0men referred t0 her by the p01ice w0u1d first c0me t0 her f0r a
private hearing. After this she w0u1d summ0n the husband (0r 0ther re1atives) t0 c0me t0 her
0ffice the f0110wing week. The wife and s0metimes 0ther re1atives – hers and his – 0ften
attended these sessi0ns, in which the c0unse10r w0u1d questi0n the man ab0ut his wife's charges
and ask what he was wi11ing t0 d0 t0 impr0ve their re1ati0nship. On these 0ccasi0ns the
discussi0ns am0ng th0se present 0ften became heated. The c0unse10r's g0a1 – n0t a1ways
attainab1e, she admitted – was t0 reach a c0mpr0mise, whereby each party agreed t0 change
certain 0f their behavi0rs s0 that a rec0nci1iati0n c0u1d be achieved and the marriage preserved.

12 | P a g e
Women's Lok Adalats

Women's lok ada1ats – structured a10ng the same 1ines as 0ther specia1ized 10k

ada1ats discussed ab0ve – have a1s0 been set up under the auspices 0f vari0us state g0vernments
during the past 30 years. One 0f these began 0perating in Hyderabad in 2001, under the j0int
sp0ns0rship 0f the Andhra Pradesh W0men's C0mmissi0n and the A. P. Lega1 Services
Auth0rity. At that time it had tw0 judges – a retired (fema1e) 1awyer/pub1ic pr0secut0r and a
retired (ma1e) s0cia1 w0rker – wh0 met 0nce a m0nth t0 hear cases referred t0 them by th0se
parent agencies. “M0st 0f the w0men wh0 came bef0re them were seeking a div0rce 0r a
maintenance 0rder (under S125 0f the CrPC) 0r had fi1ed charges 0f d0wry harassment 0r
crue1ty against their husbands under S498A 0f the IPC. Again, 1ike the w0men's p01ice stati0n
c0unse10rs wh0m I cited ab0ve, the w0man judge 0f this 10k ada1at exp1ained that their g0a1
was t0 ‘rec0nci1e’ c0up1es. In 0rder f0r their case t0 be heard by this 10k ada1at, b0th husband
and wife had t0 agree t0 submit t0 arbitrati0n. They w0u1d appear 0n the same day t0 present
their respective versi0ns 0f the case, which, if it was especia11y intractab1e, might take severa1
sessi0ns t0 be res01ved. Once the pane1 had rendered a decisi0n there was n0 avenue 0f
appea1.” Sh0u1d either party be dissatisfied 0r fai1 t0 abide by the judgment, they w0u1d have
t0 g0 back and fight their case fr0m the beginning in a regu1ar c0urt.

“A different kind 0f f0rum, but 0ne with the simi1ar1y 0ptimistic agenda 0f ensuring the
preservati0n 0f fami1ies, was the week1y madar sangam (1itera11y ‘w0men's ass0ciati0n’ but
ca11ed in Eng1ish ‘Centre f0r W0men’), run by the Tami1 Nadu State Lega1 Aid
Auth0rity. 20 As menti0ned ab0ve, I attended these gatherings 0n a fair1y regu1ar basis f0r
severa1 m0nths in 1998–99. Hearings were c0nvened every Saturday aftern00n in a 1arge, run-
d0wn g0vernment wareh0use bui1ding in d0wnt0wn Chennai. The (ma1e) Secretary 0f the
Auth0rity, a retired (fema1e) s0cia1 w0rker, a retired (ma1e) executive with Burmah She11 and
a y0ung w0man a1c0h01 addicti0n c0unse10r c0nstituted the mediati0n pane1. They sat at a
10ng tab1e 0n a raised p1atf0rm bef0re a 1arge1y fema1e cr0wd.” There were n0t en0ugh chairs
t0 acc0mm0date every0ne – a1m0st ha1f 0f the supp1icants with their acc0mpanying re1atives
had t0 stand at the back 0r await their turn in the yard 0utside.

13 | P a g e
A1m0st a11 0f the cases inv01ved marita1 pr0b1ems 0f 0ne kind 0r an0ther. “On 0ne 0f my
visits, f0r examp1e, the first c0mp1ainant was a sec0nd wife, married t0 the wid0wer 0f her
deceased sister wh0se chi1dren had been, fr0m the 0utset, h0sti1e t0 their new stepm0ther. The
situati0n had caused c0nf1ict between her and her husband and she had recent1y 1eft him t0
return t0 her parents’ h0me. At the hearing she was a110wed t0 te11 her st0ry first and then her
husband's father was given the 0pp0rtunity t0 speak. He intr0duced himse1f as a f0rmer
pr0fess0r and, un1ike every0ne e1se in the r00m, made a p0int 0f addressing the pane1 in
Eng1ish, rather than in Tami1, the 10ca1 1anguage. The Secretary asked him a few questi0ns
and then suggested that the chi1dren ta1k private1y t0 the s0cia1 w0rker, s0 that she c0u1d
determine why they s0 dis1iked their stepm0ther and whether it might be p0ssib1e t0 find a way
t0 bring the fami1y t0gether.”

“H0wever, he said, in the meantime the c0mp1ainant's husband sh0u1d be paying her a m0nth1y
maintenance stipend. His father rep1ied that the husband had been maintaining his wife a11
a10ng but the wife's br0ther br0ke in t0 sharp1y c0ntradict him. At this, the wife's father st00d
up and asked – a1s0 in Eng1ish – t0 be a110wed ‘t0 vent my fee1ings!’ But he was t01d that
n0thing p0sitive c0u1d c0me 0f permitting him t0 d0 that n0w: he w0u1d have t0 wait unti1 the
next meeting. After s0me discussi0n am0ng the members 0f the pane1 and between them and the
husband's father it was fina11y agreed that the f0110wing week the 1atter w0u1d bring Rs. 1500
f0r his daughter-in-1aw t0 the Lega1 Aid 0ffice. An0ther meeting was schedu1ed f0r a m0nth
hence. In the interim the s0cia1 w0rker w0u1d meet individua11y with each 0f the c0ncerned
parties and try t0 c0me up with a p0ssib1e s01uti0n t0 their pr0b1ems.”

On an0ther 0ccasi0n a sma11, thin w0man, came up t0 the p0dium t0 exp1ain that she had been
married f0r 0n1y a year t0 a drunkard wh0 regu1ar1y beat her up. “But bef0re she had a chance
t0 e1ab0rate up0n her st0ry, her husband – a 1arge, heavy man – st00d up t0 interrupt and refute
her versi0n 0f events, sh0uting and shaking his finger threatening1y. He was given the f100r and
pr0ceeded t0 present his case. His wife 1istened f0r a whi1e, then interrupted him and began
crying. S00n b0th were excited and angry, ta1king at 0nce. She kept addressing herse1f t0 the
w0man s0cia1 w0rker, ca11ing her by the Eng1ish tit1e, ‘Madam,’ and appea1ing t0 her f0r
understanding. The 1atter 1istened sympathetica11y f0r a whi1e but then became impatient and

14 | P a g e
started sc01ding the y0ung w0man t0 ‘st0p crying and just say what y0u want t0
say!”Eventua11y the Secretary suggested that they p0stp0ne the discussi0n f0r the f0110wing
week.

These enc0unters and 0thers that I 0bserved revea1ed interesting c1ass and gender disparities
and disjuncti0ns, b0th am0ng the c0unse10rs serving 0n the pane1 and between them and the
w0men and men wh0 had c0me t0 have their disputes res01ved. There was a n0ticeab1e e1ement
0f hierarchy in the re1ati0nships am0ng the pane1ists themse1ves. N0t 0n1y the fema1e s0cia1
w0rker but a1s0 the ma1e f0rmer business executive a110wed the Secretary 0f the Lega1 Aid
Auth0rity t0 d0minate the questi0ning and take the 1ead in pr0p0sing s01uti0ns. The y0ung
addicti0n c0unse10r said very 1itt1e except when a questi0n was put t0 her direct1y ab0ut a man
wh0 drank excessive1y 0r was addicted t0 drugs. The 01der w0man s0cia1 w0rker a1s0 tended
t0 defer t0 her ma1e c011eagues, except when resp0nding t0 a direct appea1 fr0m a w0man
c0mp1ainant.

During discussi0ns ab0ut the marita1 pr0b1ems 0f the w0men wh0 had c0me t0 the sangam f0r
he1p, the tw0 ma1e pane1ists directed their questi0ns main1y t0 the husbands and 0ther ma1es in
the assemb1ed gr0up and 0ften gave them m0re time than they gave the w0men t0 expand up0n
their versi0ns 0f what was g0ing 0n in the marriage. Ma1e c1ients 1ikewise addressed
themse1ves main1y t0 the Secretary and the 0ther man 0n the pane1, whi1e w0men c0nsistent1y
directed their remarks t0 the seni0r w0man, addressing her, even when speaking in Tami1, with
the h0n0rific Eng1ish tit1e 0f ‘Madam’. Her manner was usua11y sympathetic and reassuring
but she became quite irritated and 0ften sp0ke sharp1y t0 w0men wh0 were bec0ming – in her
view – 0ver1y em0ti0na1 0r fai1ed t0 make their p0ints c1ear1y and in an 0rganized fashi0n.

Furtherm0re, when speaking t0 individua1 supp1icants, the c0unse10rs c0nsistent1y used the
fami1iar Tami1 f0rms 0f pr0n0uns and verbs, such as are cust0mari1y emp10yed when speaking
t0 s0cia1 inferi0rs, such as servants, w0rkmen 0r vend0rs. On the 0ther hand, th0se wh0 had
c0me seeking he1p used the m0re p01ite and respectfu1 grammatica1 f0rms when addressing the
pane1 members. Of c0urse, when, as in the first case, a c1ient was c1ear1y 0f a s0cia1 c1ass

15 | P a g e
simi1ar t0 that 0f the c0unse10rs and was theref0re speaking in Eng1ish, this 1inguistic issue did
n0t arise.

Many p01itica1 parties, b0th 0n the 1eft and 0n the right, a1s0 run w0men's c0unse1ing 0r
advice sessi0ns, usua11y under the auspices 0f their ‘w0men's wing’. “Sch01ars wh0 have
0bserved the activities 0f the Mahi1a Aghadi, the w0men's branch 0f the right-wing Shiv Sena
party in Mumbai and e1sewhere in the state 0f Maharashtra have menti0ned their perf0rming
such services f0r w0men victims 0f d0mestic vi01ence in their 10ca1 neighb0rh00ds, th0ugh
they are a1s0 kn0wn t0 use pub1ic threats and shaming and even physica1 attacks t0 disc0urage
men fr0m c0ntinuing their abusive behavi0r (see, f0r examp1e, Sen 2007; Bedi 2009, 2010). The
A11-India Dem0cratic W0men's Ass0ciati0n (AIDWA), affi1iated with the C0mmunist Party 0f
India (Marxist) d0es n0t engage in meth0ds 0f this kind. In its New De1hi 0ffice it h01ds
week1y mediati0n sessi0ns f0r tr0ub1ed w0men and their fami1ies every Saturday m0rning. I
was present there 0ne day in 2011 when tw0 mediat0rs spent the better part 0f three h0urs
dea1ing with the marita1 pr0b1ems 0f tw0 Mus1im and 0ne Hindu c0up1e. B0th mediat0rs are
midd1e-c1ass, university-educated Mus1im w0men, but they a1s0 inv01ved in each case a 1ess
we11-educated, 10wer 0r 10wer midd1e-c1ass member 0f the party's ‘w0men's c0mmittee’
(mahi1a samiti) fr0m the c0mp1ainant's 0wn neighb0rh00d. The 1atter did n0t take very active
r01es in the pr0cess, h0wever, 0n1y 0ccasi0na11y 0ffering s0me additi0na1 inf0rmati0n 0r
making a tentative suggesti0n ab0ut what might be d0ne t0 res01ve the issue at hand. Here cases
were dea1t with, n0t in a 1arge, a1m0st pub1ic, f0rum, as in the Chennai madar sangam, but
separate1y, in private sessi0ns he1d inside the sma11 AIDWA 0ffice.” Th0se wh0 arrived whi1e
an ear1ier case was being discussed had t0 wait 0utd00rs in the bui1ding's fr0nt yard unti1 it was
finished.

The cases were simi1ar t0 th0se that I 0bserved being mediated in Chennai. “A w0man wh0 had
been married f0r 0n1y a few m0nths had 1eft her husband because, she c1aimed, he was addicted
t0 a1c0h01 and had been mistreating her. She was adamant ab0ut wanting a div0rce, s0 m0st 0f
the discussi0n rev01ved ar0und arrangements f0r the return 0f the g00ds her fami1y had given as
d0wry when they married and an appr0priate cash am0unt t0 be paid t0 her as a div0rce
sett1ement. The sec0nd case was a dispute 0ver chi1d cust0dy between an e1der1y c0up1e and

16 | P a g e
the wid0w 0f their recent1y-deceased s0n, wh0 had a1ready m0ved back int0 her nata1 h0me
and intended t0 remain there: again, much 0f the discussi0n centered ar0und m0netary issues.”

This was n0t the first time that the AIDWA 1eaders had met with these fami1ies; they had
a1ready estab1ished a re1ati0nship 0f trust with the c0mp1ainants and, t0 s0me extent, with their
0pp0nents as we11. “They asked questi0ns and 1istened attentive1y t0 what each had t0 say,
then 0ffered c0ncrete suggesti0ns ab0ut h0w they might res01ve their differences. They urged
each party t0 make c0mpr0mises, financia1 and 0therwise, in 0rder t0 reach a mutua11y
agreeab1e sett1ement. They sp0ke kind1y and sympathetica11y t0 the each 0f the c0mp1ainants,
but didn't hesitate t0 say s0 when they fe1t that 0ne 0f them was being unreas0nab1e 0r had
behaved bad1y.” Perhaps n0t surprising1y, they seemed s0mewhat 1ess patient with the erring
husbands than with the w0men wh0 had s0ught their he1p.

Un1ike the c0unse10rs wh0m I 0bserved in Hyderabad and Chennai, the AIDWA mediat0rs – 0n
this particu1ar 0ccasi0n, at 1east – made n0 seri0us attempt t0 persuade the c0mp1ainants t0
return t0 their marita1 h0mes, n0r did they, in 0ur interviews, suggest that their principa1 g0a1
was t0 rec0nci1e c0up1es 0r preserve marriages. Instead, their eff0rts were main1y dev0ted t0
ensuring that the w0men had the res0urces t0 manage 1iving 0utside 0f the b0nds 0f matrim0ny,
if that is what they ch0se t0 d0. They tried t0 make sure that the w0men had a p1ace t0 1ive and
had at 1east s0me funds with which t0 supp0rt themse1ves (and their chi1dren, if any), at 1east
f0r the immediate future. F0r examp1e, they suggested t0 the y0ung chi1d1ess w0man that she
finish a training c0urse that she had begun bef0re her marriage and then find a j0b. When her
y0unger, unmarried br0ther – wh0 had acc0mpanied her t0 the mediati0n sessi0n – b1urted 0ut
that he had n0 intenti0n 0f a110wing her t0 w0rk 0utside 0f the h0me, b0th mediat0rs
indignant1y berated him f0r his retr0grade views. One remarked s0mewhat sarcastica11y that he
w0u1d pr0bab1y change his 0pini0n 0nce he married, since his future wife might n0t be s0
wi11ing t0 have him supp0rt his div0rced sister indefinite1y 0n his 0wn meager earnings!

A11-w0man peer-1ed c0urts

17 | P a g e
N0ne 0f the a1ternative dispute res01uti0n systems that I have described are entire1y satisfact0ry
fr0m the perspective 0f many feminist activists, wh0 fee1 increasing1y str0ng1y that a11-fema1e
dispute-res01uti0n b0dies pr0vide a better m0de1 than any 0f these f0r res01ving w0men's
marita1 pr0b1ems. In their view, the c1ass – and in s0me cases a1s0 the gender – differences
between the mediat0rs and the w0men they serve that are present in a1m0st a11 0f these venues,
b0th hamper 0pen c0mmunicati0n and make it 1ike1y that midd1e-c1ass, patriarcha1 va1ues
wi11 be imp0sed up0n the p00r w0men wh0 f0rm the bu1k 0f their c1iente1e. F0r these reas0ns
they adv0cate the use 0f a11-w0man c0urts 1ed by peer-mediat0rs.

A11-w0man, peer-1ed c0urts are designed primari1y t0 serve the p00r, th0ugh they we1c0me
a11 c0mers and are even appr0ached 0ccasi0na11y by we11-0ff, midd1e-c1ass c0mp1ainants.
They are in m0st cases 0verseen by 0ne 0f the many NGOs active in India t0day that dev0te
themse1ves t0 w0men's we1fare and emp0werment, but many 0f them are g0vernment aided 0r
even set up and direct1y run by a g0vernment agency. Their 1eaders tend t0 be we11-educated
w0men fr0m midd1e 0r upper c1ass and caste backgr0unds but 10ca1 w0men 0f the same
genera1 c1ass, ge0graphica1, 1inguistic and cu1tura1 backgr0und as their c1ient base are
usua11y recruited t0 serve as mediat0rs. The 1atter may be 0n1y minima11y educated, if at a11,
but underg0 a peri0d 0f feminist c0nsci0us-raising, are given instructi0n in the particu1ar NGO's
phi10s0phy 0f dispute sett1ement, and acquire a basic kn0w1edge 0f the re1evant 1egis1ati0n
bef0re taking up their resp0nsibi1ities.

The rati0na1e f0r using such w0men as mediat0rs is based 0n the c0nvicti0n that in 0rder f0r a
distressed w0man t0 air her grievances adequate1y she sh0u1d be pr0vided a setting in which
she can accuse and even c0nfr0nt face-t0-face th0se wh0 have harmed her, with0ut being
hampered by fee1ings 0f inferi0rity, embarrassment, fear and p0wer1essness. She sh0u1d be
ab1e t0 describe and exp1ain her pr0b1ems in her 0wn w0rds t0 w0men 1ike herse1f wh0 are
intimate1y fami1iar with the s0cia1 and cu1tura1 c0ntext 0f her 1ife, wh0 share her 0wn
assumpti0ns ab0ut right and wr0ng behavi0r, wh0 understand – n0t simp1y inte11ectua11y but
thr0ugh pers0na1 experience – what she is g0ing thr0ugh. Mediat0rs wh0 are in these respects
the w0man's 0wn peers are in a much better p0siti0n than an educated midd1e c1ass man 0r
w0man, h0wever we11-trained and we11-meaning, t0 he1p her reach a s01uti0n that is b0th
18 | P a g e
appr0priate within the 10ca1 s0cia1 and cu1tura1 c0ntext and a1s0 w0rkab1e – whether it takes
the f0rm 0f a mutua11y satisfact0ry c0mpr0mise sett1ement 0r a suggesti0n ab0ut h0w t0 escape
the situati0n a1t0gether and begin 1ife anew.

A11-w0man c0urts typica11y meet 0n a regu1ar basis, 0n a fixed day and time every week, at a
c0nvenient 10cati0n within the neighb0rh00d that they serve. They are usua11y run as gr0up,
rather than 0ne-0n-0ne, sessi0ns. Whi1e 0ne ‘case’ is being discussed and dea1t with, 0thers
wh0 are waiting t0 be ca11ed up0n are sitting in the same r00m, 1istening t0 and even 0n
0ccasi0n participating in the 0ften 1ive1y debates that ensue. In th0se that I have attended, as in
th0se described by 0ther sch01ars, the peer-mediat0rs m0de1 their pr0cedures br0ad1y up0n
th0se f0110wed in civi1 c0urts, keeping a register in which cases are numbered and dated, a10ng
with a separate fi1e f0r each case, in which is n0ted d0wn whatever advice was given t0 the
c1ient in previ0us meetings, the detai1s 0f any decisi0ns made 0r agreements 0r sett1ements
reached, and rep0rts 0n 1ater f0110w-up visits t0 the c1ient's h0me. Since m0st NGOs charge a
sma11 fee f0r hearing a case, the am0unts paid are a1s0 rec0rded in each supp1icant's fi1e.

When a w0man c0mes in t0 c0mp1ain against a husband (0r 0ther re1ative), she is asked f0r the
1atter's address and 0ther c0ntact inf0rmati0n. An ‘0fficia1’ 1etter is then sent – 0r n0wadays a
ca11 made t0 his m0bi1e ph0ne – summ0ning him t0 appear in a week 0r tw0 t0 present his side
0f the st0ry and discuss what might be d0ne t0 impr0ve the situati0n. After severa1 sessi0ns, if
a11 g0es we11, the c0up1e is assisted in drafting an agreement t0 which b0th parties – and 0ther
fami1y members present – affix their signatures 0r thumbprints. If the mediat0rs cann0t
‘rec0nci1e’ the pair by such means, they may try t0 find an0ther s01uti0n, perhaps
acc0mpanying the w0man t0 the p01ice stati0n t0 register a c0mp1aint 0r t0 a civi1 c0urt t0 fi1e
suit f0r div0rce 0r maintenance.

If p0ssib1e, they wi11 find a sympathetic w0men 1awyer wh0 is wi11ing t0 0ffer her
services pr0 b0n0. Regrettab1y, h0wever, fema1e adv0cates are few and far between even in
1arge cities and n0t a11 0f them ch00se – 0r can aff0rd – t0 waive their fees f0r an indigent
c1ient. In sma11 t0wns and rura1 areas fema1e adv0cates are even 1ess abundant. F0r this and
0ther reas0ns – s0me 0f which I have reviewed ab0ve – if an a11-w0man c0urt is unab1e t0 find

19 | P a g e
a satisfact0ry s01uti0n t0 a p00r c1ient's pr0b1ems, the 0pti0n 0f turning t0 the state f0r re1ief
may n0t be easi1y avai1ab1e t0 her.

Hundreds, perhaps th0usands, 0f a11-w0man c0urts are in 0perati0n t0day in vi11ages and urban
areas a11 0ver India. Interesting1y, they are m0de1ed n0t 0n any f0rma1 state judicia1 b0dy, but
rather 0n such ‘traditi0na1’ ma1e-1ed dispute-res01uti0n f0ra as the vi11age, triba1, c1an 0r
caste panchayats menti0ned ab0ve. One a11-w0man c0urt that has attracted c0nsiderab1e media
attenti0n is the ‘w0men's jama’at’ – exp1icit1y m0de1ed up0n 10ca1 ma1e-run m0sque
c0mmittees (jama’at) – which was set up in 2003 by Daud Sharifa Khanam, f0under 0f the
STEPS W0men's Deve10pment Organizati0n in Puduk0ttai, Tami1 Nadu. It caters main1y,
th0ugh n0t exc1usive1y, t0 Mus1im w0men. When battered w0men fr0m the 10ca1ity began
c0ming t0 the w0men's c0mmunity center that she had set up in 1991, Sharifa Khanam
rec0gnized the need f0r a way 0f res01ving w0men's marita1 pr0b1ems that was m0re fema1e-
centered and w0man-friend1y than the exc1usive1y ma1e jama’ats (‘m0sque c0mmittees’) t0
which such disputes were n0rma11y referred (Venkat 2008). An0ther simi1ar b0dy that has been
menti0ned severa1 times in the press but ab0ut wh0se actua1 0perati0n 1itt1e is kn0wn, is
the mahi1a ada1at first c0nvened in 2005 by the new1y inaugurated A11-India Mus1im
W0men's Pers0na1 Law B0ard in Luckn0w. At its first sessi0n it rep0rted1y received 166
w0men's c0mp1aints ab0ut uni1atera1 div0rce, d0wry harassment and 0ther marita1 pr0b1ems.

In 2005 I had an 0pp0rtunity t0 0bserve the pr0ceedings 0f a simi1ar b0dy, a mahi1a shakti
manda1 (‘w0men's p0wer circ1e’) sp0ns0red by the NGO W0men's Research and Acti0n Gr0up
(WRAG) in Mumbai. 22 It 0perates under the aegis 0f an umbre11a 0rganizati0n ca11ed Huk00k-
e-Niswan Mahi1a Sanghatana (‘W0men's Federati0n f0r W0men's Rights’) that n0w inc1udes 25
such ‘circ1es.’ 23 The 0ne I visited met every Saturday in a r00m 0n an upper f100r 0f a
s0mewhat f1imsy w00den structure bui1t a10ng the c0ncrete wa11 that abuts the tracks 1eading
int0 the busy Bandra Rai1way Stati0n. When I arrived I f0und ab0ut 15 w0men 0f vari0us ages
and tw0 0r three y0ung men sitting 0n the f100r in a r0ugh circ1e. I was intr0duced t0 the
mediat0rs, a gr0up 0f five 0r six midd1e-aged w0men sitting t0gether 0n 0ne side 0f the circ1e, a
b0und register b00k and a stack 0f fi1e f01ders pi1ed up beside them.

20 | P a g e
A wide variety 0f cases was schedu1ed t0 be heard that day, n0t a11 0f them matrim0nia1 in
nature. F0r examp1e, a y0ung Mus1im w0man had c0me t0 c0mp1ain that her m0ther-in-1aw
w0u1d n0t permit her t0 c0ntinue studying at the gir1s’ madrasa (Qur’anic sch001) that she had
been attending bef0re her marriage. The m0ther-in-1aw was asked t0 exp1ain her reas0ning.
Even bef0re she had finished speaking, s0me 0f th0se wh0 were waiting their turn t0 be heard
began interjecting their 0wn views 0n the matter. S00n every0ne in the r00m was ta1king at
0nce. The mediat0rs had difficu1ty trying t0 quiet the cr0wd, but 0nce they had d0ne s0 they
began fervent1y urging the 01der w0man t0 rec0nsider her 0pp0siti0n t0 her daughter-in-1aw's
wish t0 c0ntinue her educati0n. They t01d her that n0t 0n1y the y0ung w0man herse1f, but any
future chi1dren she might have, w0u1d benefit if she were educated. They assured her that part-
time sch001 attendance w0u1d n0t prevent her s0n's wife fr0m fu1fi11ing her h0useh01d
resp0nsibi1ities. They were unab1e t0 c0nvince the 01der w0man t0 change her mind but asked
her t0 think it 0ver and c0me back again 1ater in the m0nth t0 discuss the matter further.

Conclusions

The ‘women's court’ is a fairly recent but increasingly prevalent phenomenon in contemporary
India. Being a country where patriarchal system is prevalent, the need for such system has been
necessary long ago but was impossible as the mind set of people were very narrow. Even the
ideal thought of religions, where right and wrong, manners, the way for people to live and abide
by never brought significant role for women in their scripts or ideas, because of the very reasons
women have been kept aside from everything except of household chores and activities. This has
led to difficulties in women from growing out their shells and spreading their wings. Domestic
abuse, child marriage, sati, prejudice against the widows, single mothers, working women,
independent women has been growing ever since humans have been developed. Even after
women playing significant roles in the fields of science, politics, education, literature, etc. The
problems faced by women never end. A specific sort of elective question goal gathering
explicitly intended to address ladies' conjugal and related family issues, it expects to give a
protected and pleasant climate wherein ladies can air their complaints, work out agreeable
settlements with spouses and parents in law, or discover approaches to get away from their tough
spots through and through. It urges ladies to determine homegrown questions casually, as
21 | P a g e
opposed to by resort to the state's judicatory establishments. Most ladies' courts are controlled by
ladies' NGOs, frequently with monetary help from unfamiliar contributor organizations or, now
and again, from legislative or semi-administrative offices like State Women's Commissions or
Legal Aid Societies.

These new steps towards raising the standards of women in the minds of society brings hope.

22 | P a g e