Nari Adalats: Empowering Women, Transforming Communities and Changing Lives

Introduction

Acting as a link connecting marginalized village women with the formal legal system, the Nari Adalat plays a crucial role in resolving conflicts within families and ensuring that women's voices are heard, enabling them to lead lives with dignity. India's judicial system is characterized by diverse legal proceedings, establishing a decentralized structure of justice. Further, local dispute resolution in the field of social justice has been a tradition dating back to ancient times. In 1950, the concept of Nyaya panchayats emerged alongside traditional panchayats. However, unlike the latter, Nyaya panchayats were designed to follow statutory laws instead of indigenous practices. Other significant mechanisms, such as public interest litigation (in the early 1980s), Lok Adalat’s (in 1982), family courts (in 1984), and the legal services authority (in 1987), have gradually developed in the country's pursuit of justice and equality. As of February 1, 2023, the National Judicial Data Grid (NJDG)[1] reported 5,987,477 pending cases in high courts in the country. The total number of pending cases stands at over 49.2 million or 49,267,373 cases. The concept of Nari Adalat was introduced in the 1990s through the Mahila Samakhya program, which was implemented by the central government. This program, launched in 1988, expanded its presence to various states.

The Ministry of Women and Child Development[2] launched Mission Shakti, a comprehensive initiative to advance women's empowerment, safety, and security, during the 15th Finance Commission in 2021–2022[3]. This initiative, which will be in effect through 2025–2026, is divided into two major sub-schemes:

The Sambal Scheme: this program consists of several initiatives aimed at assuring women's safety, well-being, and protection so they may actively participate in developing the country's economy. One Stop Centre (OSC), Women Helpline (WHL), Beti Bachoo Beti Padhao[4], and Nari Adalat are examples of sub-schemes within Sambal.

The Samarthya Scheme, which includes programs like Ujjwala, Swadhar Greh, working women hostels, the national creche scheme for working women's children, Pradhan Mantri Matru Vandana Yojana (PMMVY), and gap funding for economic empowerment, is a collection of sub-schemes aimed at empowering women. Under the Samarthya scheme, a few prior sub-schemes have been reinstated with incremental changes.

The Structure and Function of the Adalat

As a grassroots reaction to the rise in violence against women, the Mahila Samakhya launched the unique Nari Adalat program, which includes women from a variety of backgrounds based on age, caste, marital status, religion, area, and employment. This court guarantees that women have access to their basic rights as citizens and plays a critical role in resolving problems linked to violence against them. The initiative, which was first launched in 10 areas in Uttar Pradesh, Gujarat, and Karnataka, has greatly increased its coverage.

Each Nari Adalat will have seven to nine members, with half being elected gram panchayat members and the other half being strong women in professions including teaching, medicine, and social work. The communities themselves will choose and suggest these Nyaya Sakhis (legal friends) members. The Mukhiya Nyaya Sakhi (chief legal friend), who will preside over the Nari Adalat for a period of six months before being replaced, will be selected by the Nyaya Sakhis[5].

In addition to hearing women's complaints, Nari Adalat will also be able to engage the public, raise awareness of women's rights, provide legal advice, disseminate details about government initiatives, and invite feedback. It is important to take into account that the law will not recognise these Nari Adalats.

These courts will offer women a range of services, including alternative dispute resolution, grievance redress, counselling, evidence-based decision-making, pressure group techniques, negotiation, mediation, and mutual agreement reconciliation, in order to provide accessible and affordable justice.

Application of the plan

Starting in August of this year, the program will be implemented in 50 districts throughout Assam and Jammu & Kashmir. It will be progressively implemented throughout the country over the next six months, with the implementation being governed by Standard Operating Procedures (SOP)[6].

The sambal scheme will be implemented in its entirety under the direction of the Ministry of Women and Child Development, with assistance from the Ministry of Panchayati Raj and common service centres under the Ministry of Electronics and Information.

Importance and benefits of the plan

The program has been implemented with the aim of providing significant advantages to women. It offers women a fair and non-discriminatory forum to address their issues as an alternative to the regular judicial system. These Nari Adalats seek to give women the strength to stand up for their independence and rights and to confront the unfair customs that still prevail in traditional patriarchal societies. Additionally, the presence of these Adalats in rural areas facilitates enhanced accessibility to legal services for rural women, specifically addressing issues like as domestic violence and property conflicts. They provide more effective conflict resolution techniques than traditional options, such as alternative dispute resolution, grievance redress, counselling, mediation, and negotiation.

Agoraised initiatives

The now-discontinued Parivarik Mahila Lok Adalat (PMLA)[7], which was the model for Nari Adalat, served as its inspiration. To resolve family-related difficulties, marriage conflicts, bigamy, succession, and other women-related concerns, the National Commission for Women created these adults from 2014 to 2015. These Parivarik Mahila Lok Adalat were established with significant help from stakeholders, including NGOs, activists, and members of the District Legal Aid and Advisory Boards. Up till 2014–2015, there were around 298 such Adalat’s conducted.

Conclusion

India is a growing country that has achieved progress, but there is still a long way to go before gender inequities are eliminated. It is hoped that the creation of Nari Adalat’s at the local level will enable women to assert their rights and fight against unfair treatment. These tribunals have the power to transform society by increasing awareness of women's rights and bringing about constructive changes in systems that have historically been patriarchal. Additionally, they give women the chance to become leaders in their communities, enabling them to successfully advocate for their rights and demands.

Reference(s):

[1] National Judicial Data Grid <https://njdg.ecourts.gov.in/njdgnew/index.php> accessed 6 October 2023

[2] The Ministry of Women and Child Development <https://www.missionvatsalyaup.in/#:~:text=For%20the%20purpose%20of%20empowering,Nutrition%2C%20at%20the%20state%20level%20.> accessed 6 October 2023

[3] Report 15th Finance Commission (1 February 2021) 1<https://prsindia.org/policy/report-summaries/report-15th-finance-commission-2021-26#:~:text=Fiscal%20deficit%20and%20debt%20levels,3%25%20during%202023%2D26> accessed 6 October 2023

[4] Nari Adalat: Women only Courts’ (Civils Daily, July 10 2023) <https://www.civilsdaily.com/news/nari-adalat-women-only-courts/> accessed 6 October 2023

[5] Sreeparna Chakrabarty, ‘Coming, women- only courts for alternative dispute resolution’ (The Hindu, 8 July 2023) <https://www.thehindu.com/news/national/coming-women-only-courts-for-alternative-dispute-resolution/article67053956.ece> accessed 24 July 2023

[6] Standard Operating Procedures (2022) < https://sclsc.gov.in/theme/front/pdf/Practice%20and%20procedure-2022.pdf> accessed 6 October 2023

[7] Parivarik Mahila Lok Adalat (PMLA) (28 February 2016) <https://www.gktoday.in/parivarik-mahila-lok-adalat-pmla/> accessed 5 October 2023

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