Mahila court
What is a Mahila Court?
The ‘women's court’ (mahila adalat or mahila mandal) is a fairly recent but increasingly prevalent phenomenon in contemporary India. A particular kind of alternative dispute-resolution forum specifically designed to address women's marital and related family problems, it aims to provide a safe and unthreatening environment wherein women can air their grievances, work out satisfactory settlements with husbands and in-laws, or find ways to escape their difficult situations altogether. It encourages women to resolve domestic disputes informally, rather than by resorting to the state's judicatory institutions. Most women's courts are run by women's NGOs, often with financial support from foreign donor agencies or, in some cases, from governmental or semi-governmental agencies such as State Women's Commissions or Legal Aid Societies.[1]
What are the types of cases that Mahila Court deals with?
· Dowry harassment
· Dowry death
· Domestic violence
· Rape and sexual assault
· Sexual harassment
· Human trafficking
· Stalking and voyeurism
· Child marriage
· Female infanticide and foeticide [2]
What are the advantages of Mahila Court?
· Firstly, it provides a safe and supportive environment for women to report crimes.
· Secondly, it ensures speedy justice and reduces the backlog of cases related to crimes against women.
· Thirdly, it is more sensitive to the needs of women and provides a platform for them to voice their concerns.
· Fourthly, it has a female judge and staff, which makes women more comfortable in sharing their experiences.
· Finally, it provides free legal aid to women who cannot afford a lawyer.[3]
Who are Mahila Court Lawyers?
Mahila Court lawyers are legal professionals who specialize in handling cases related to crimes against women. They are well-versed in the laws and regulations related to women’s rights and have the necessary expertise to represent their clients in Mahila Court.
What services do Mahila Court Lawyers provide?
· Legal aid and guidance for men and women seeking justice for crimes against women.
· Representation in Mahila Court for cases related to crimes against women.
· Assistance with filing complaints and registering FIRs.
· Counseling and support for victims of crimes against women.
· Advice on legal remedies available to victims of crimes against women.
· Advocacy for the rights of women and promoting gender equality.[4]
Mahila Courts are established specifically to provide justice for women. They quickly handle and resolve cases involving women involved in legal disputes due to problems in their marriage.
Mahila or Women Courts serve as platforms where women, along with their small children, can seek prompt resolution in disputes related to shelter and financial aid. Female judges and magistrates lead Mahila Courts, where the majority of the staff are also women. Led by a female judge holding the position of Additional Chief Metropolitan cum Assistant Sessions Judge. These courts handle only cases involving crimes against women like maintenance grant, assault, criminal force, and insulting gestures towards a woman's modesty. Mahila Courts at the Session level handle cases involving kidnapping, trafficking of minor girls for prostitution, rape, and domestic violence by husbands or in-laws. Cases involving sexual assault, abduction, and domestic violence are given to the Metropolitan Magistrate in these courts. These courts aim to deliver justice in criminal cases involving female victims with a high level of sensitivity. The process in these courts is laid-back and accommodating towards women. They are able to let go of their inhibitions and speak freely in front of women judges, who have a greater understanding of women and their natural tendencies. These courts give women a space to discuss and settle their grievances. Mahila Courts typically conduct criminal trials, but occasionally they also facilitate conciliation proceedings to maintain the unity of the family. [5]
Some similar terms associated with Mahila Court
These bodies go by a variety of names in local languages, such as Mahila or Nari Adalat (women’s court), Mahila mandal (women’s circle), Mahila panchayat (women’s council), Mahila manch (women’s platform), Nari Nyaya Samiti (women’s justice committee) and so on. Some are official government bodies, others are run by voluntary organizations under the guidance of – and with some financial support from – government agencies whose responsibility it is to promote the welfare and empowerment of women. Others have no official status at all but are set up and run independently by women-led non-governmental organizations (NGOs). The latter cover their expenses largely with charitable donations and grants often from international development agencies that in recent years have devoted a great deal of effort and significant amounts of funding to the promotion of endeavors of this and other kinds for the benefit of poor and troubled women.[6]
Magalir Neethimandram
Mahila courts also known as Magalir Neethimandram are the courts in the cadre of District and Sessions Judge to try the offences against women such as outraging the modesty of women, rape etc., and cases under other social Laws enacted by the Central and State Government for the protection of women. There are ten Mahila Courts functioning at Chennai, Coimbatore, Madurai, Tiruchirappalli, Tirunelveli, Salem, Perambalur, Cuddalore, Chengalpattu and Pudukottai. In the above places Government also sanctioned and notified ten Additional Mahila Courts in the cadre of Judicial Magistrate. Out of these ten additional Mahila courts, four courts have started functioning at Coimbatore, Salem Perambalur and Tirunelveli. Moreover, The Mahila Court is to provide a safe and supportive environment for women to report crimes and seek justice. The Magalir Neethimandram follows the same procedures as a regular court, but it is designed to be more sensitive to the needs of women. By the way, the court is presided over by a female judge, and the staff consists of female lawyers, clerks, and police officers. Moreover, the court also provides free legal aid to women who cannot afford a lawyer. [7]
Nari Adalat
"Empowering a woman is the key to building the future we want." The Nari Adalat (women courts) is an initiative pioneered by the Ministry of Women and Child Development under the Sambal sub-scheme of Mission Shakti, for setting up women-only courts at the village level as an alternative dispute resolution for issues such as domestic violence and property rights, and to combat patriarchy on a whole. The Ministry, in collaboration with the Ministry of Rural Development, Ministry of Panchayati Raj, and Ministry of Electronic and IT, by setting up these Nari courts not only endeavors to address the grievances of women and girls within the local communities, but would also venture to raise awareness about various government schemes concerning women (Women Helpline, Ujawala Yojana, etc.), thus making them aware of their legal rights and entitlements as women.
The top position in the court shall be of the Mukhyaya Nyaya Sakhi (chief legal friend), followed by 7-9 Nyaya Sakhis, out of which one half would be selected by the gram panchayat, while the other half comprising of doctors, teachers, and social workers would be selected by the villagers. The Mukhyaya Nyaya Sakhi shall be selected by the Nyaya Sakhis for a period of six months.
Although, this is a great initiative to address disputes of the perpetually reluctant village women, yet one of the major shortcomings is that the verdicts of these courts are not legally binding upon the members of the conflicting parties, i.e.; the court does not have a legal recognition. Despite the loopholes, setting up of local courts at the village level remains an ambitious push by the government to bring about the empowerment of women occupying the grassroots levels of the society, and who have had been hapless victims of patriarchal norms and culture.[8]
Latest Development
According to the Ministry of Women and Child Development, the government has introduced 'Mission Shakti', a comprehensive program for empowering women that aims to address all women's concerns and issues. One element of Mission Shakti is the Nari Adalat, which seeks to offer women an alternative Grievance Redressal Mechanism to address minor issues (harassment, suppression, denial of rights or benefits) they may encounter at the Gram Panchayat level. The Nari Adalat component is being rolled out gradually. The Ministry has chosen Assam and Jammu and Kashmir to pilot the implementation of the new Nari Adalat component. During the year 2023-24, Jammu and Kashmir selected 2 districts, namely Kupwara and Baramulla, encompassing 50 villages with 9 members in each panchayat in the first stage. In the beginning of 2023-24, Assam's State Government chose 7 districts and 7 blocks with a total of 50 village panchayats, each consisting of 7 members. The platform will provide services such as alternative dispute resolution, addressing grievances, counseling, evidence-based decision-making, pressure group strategies, negotiation, mediation, and reconciliation for fair and affordable justice. [9]
NGOs that engages with these courts
Action India's Women's Councils
Another NGO, Action India (AI), which heavily relies on foreign funding, supports all-woman courts. It was originally started as a voluntary welfare project in 'resettlement colonies' created during Prime Minister Indira Gandhi's 'Emergency' period to house squatters removed from public lands in Delhi. In 1979, a few women from AI were inspired by India's rising women's movement and started mobilizing women in communities. These middle-class women, who were educated, viewed themselves as facilitators rather than leaders for creating autonomous women's groups called sabla mahila sanghs, which aimed to promote women's welfare and empowerment in their local communities. In the 1990s, local women were frequently reporting cases of domestic abuse to the neighborhood women's associations. In 1992, the AI made the decision to start a program that would concentrate on women and legal issues, with a main goal being the creation of all-female conflict resolution groups known as mahila panchayats (‘women's councils’). At present, AI manages several panchayats in the same areas and works with 84 all-female courts run by different Delhi NGOs, training their members in dispute resolution techniques with support from the Delhi Commission for Women, a government agency.
Nari adalats are supported by Mahila Samakhya
In several Indian states, a much larger network of exclusively female courts, known as nari adalat, mahila manch or nyaya samiti with state government backing, functions similarly. It was established in specific areas of Gujarat, Karnataka, and Uttar Pradesh in the mid-1990s through a partnership between an NGO and the government. This initiative stemmed from a women's confederation (Mahila Samakhya) created in 1989 by the Ministry of Human Resource Development, Government of India. The process started with the establishment of women's groups in villages (mahila sangh) and providing them with training to promote their empowerment. Afterwards, upon realizing the severity and commonness of domestic violence in rural areas, the organization started a program of all-female courts. These court sessions happen on specific days at a central place, usually in a government facility, where women from nearby villages bring their marriage and family issues. Most supplicants have encountered domestic abuse linked to issues like dowry demands, the wife's inability to have sons, suspicions of infidelity, and the husband's affairs with other women, and his addiction to alcohol or drugs.
Once the complainant lodges their application with the adalat, the other party or parties are notified and requested to attend on a future date. Negotiations commence only when both parties are in attendance. The organization emphasizes the significance of community backing in effectively resolving marital conflicts, as arbitration takes place in a public setting with involvement from local women's groups who gather essential information, advocate for the victim, and oversee the nari adalat's ruling. A large part of their power to enforce their rulings against those who violate women's rights lies in the social pressure that ordinary people involved in the process can put on them, just like traditional male-led village councils. They think that shaming the offender in the public eye will strongly encourage him to alter his actions.
These courts rely on understanding local traditions, habits, and social connections to collect proof and facilitate settlements, mobilize public opinion against the wrongdoer, and occasionally resort to coercion to bring him into the legal system. Yet, the importance of preserving the complainant's residence and family is a significant factor in how they approach providing solutions for victims of abuse. [10]
Way Forward
The creation of the Mahila Court is a major milestone in empowering women in India. It guarantees that women can access justice and a secure space to raise their issues. The Magalir Neethimandram has effectively decreased the backlog of cases on crimes against women and guaranteeing prompt justice. The dedication of the government to building a safer and fairer society for women is evident in the establishment of all-woman courts. These courts address issues of domestic violence and marital conflict, which are connected to the overall male bias and gender discrimination in Indian society. Numerous governmental and non-governmental institutions and organizations, along with a variety of international agencies, have been dedicated for many years to addressing the elimination of various forms of gender inequalities in Indian society. This is precisely the work being carried out by AI, MS, and other NGOs supporting all-woman courts, which involves mobilizing underprivileged women in rural and urban areas to promote their empowerment. Progress is slow, though heading in the right direction. They seem to be achieving some level of success, albeit mixed, with this less ambitious agenda.
Reference List
[1] Vatuk, S. (2013b). The “women’s court” in India: an alternative dispute resolution body for women in distress. The Journal of Legal Pluralism and Unofficial Law, 45(1), 76–103, https://www.tandfonline.com/doi/full/10.1080/07329113.2013.774836#d1e200
[2] Lawyers, T. L. F. /. A. (2023b, June 26). Mahila Court: Empowering Women through Justice | All You Need to Know. Appellate Lawyers Office: Best Legal Firm in Chennai 24×7, https://legalfirm.in/mahila-court/
[3] Lawyers, T. L. F. /. A. (2023b, June 26). Mahila Court: Empowering Women through Justice | All You Need to Know. Appellate Lawyers Office: Best Legal Firm in Chennai 24×7, https://legalfirm.in/mahila-court/
[4]Lawyers, T. L. F. /. A. (2023b, June 26). Mahila Court: Empowering Women through Justice | All You Need to Know. Appellate Lawyers Office: Best Legal Firm in Chennai 24×7, https://legalfirm.in/mahila-court-lawyers-in-chennai/
[6] Jephi, M. (2019, February 25). Women’s Court or Mahila Manch: A step ahead in ensuring Bureaucratic Proficiency. Law Times Journal, https://lawtimesjournal.in/womens-court-or-mahila-manch-a-step-ahead-in-ensuring-bureaucratic-proficiency/
[7] https://cms.tn.gov.in/sites/default/files/documents/home_courts_8.pdf
[8] Admin. (2023, July 9). The Nari Courts will be helpful in making dispute resolution more accessible to rural women. Analyse. BYJU’S, https://byjus.com/free-ias-prep/the-nari-courts-will-be-helpful-in-making-dispute-resolution-more-accessible-to-rural-women-analyse/
[9] Sagar, A. K., Government Of India, Ministry Of Law & Justice, Department Of Justice, Ministry Of State (Independent Charge) Of The Ministry Of Law And Justice; Minister Of State In The Ministry Of Parliamentary Affairs; And Minister Of State In The Ministry Of Culture, & Meghwal, A. R. (2024). Setting Up Of Women Courts. In Lok Sabha.https://sansad.in/getFile/loksabhaquestions/annex/1715/AU88.pdf?source=pqals
[10] Vatuk, S. (2013b). The “women’s court” in India: an alternative dispute resolution body for women in distress. The Journal of Legal Pluralism and Unofficial Law, 45(1), 76–103, https://www.tandfonline.com/doi/full/10.1080/07329113.2013.774836#d1e277
