NARI ADALAT – POLITY

NARI ADALAT – POLITY

 

WHAT’S IN THE NEWS?

Government Initiative for Women’s Justice

  • The Women and Child Development (WCD) Ministry has taken a proactive step to ensure women’s access to justice at the grassroots level by inviting state governments to submit proposals for setting up Nari Adalats (women’s courts).
  • This initiative is designed to provide an informal and community-driven dispute resolution mechanism for women who face denial of their rights or injustice in their personal, social, or economic spheres.
  • The scheme was initially launched as a pilot project in the states of Assam and Jammu & Kashmir, and based on its performance, the government now intends to expand it across the country.

 

Structure and Functioning of Nari Adalat

  • Community-Based Resolution Mechanism: Nari Adalat operates at the gram panchayat level, focusing on resolving disputes and grievances related to women’s rights violations, domestic issues, property disputes, and other social injustices.
  • Nyaya Sakhis as Adjudicators: The Nari Adalat consists of 7 to 11 women members, who are referred to as ‘Nyaya Sakhis’ (Justice Friends). These members are nominated by the Gram Panchayat and are usually individuals who are respected, experienced, and have a basic understanding of legal procedures.
  • Pilot Implementation and Performance:
    • The scheme was first introduced in 50 gram panchayats each in Assam and Jammu & Kashmir, where it has been operational since 2023.
    • The WCD Ministry allocated ₹20 lakh to each state for the pilot implementation of the scheme.
    • As of December 2024, the Nari Adalats had successfully conducted 1,062 meetings, during which they registered 497 cases and worked towards resolving them.

 

Mission Shakti and Its Role in Nari Adalat

Nari Adalat as a Component of Mission Shakti

  • The Nari Adalat initiative is an integral part of the larger Mission Shakti program, which was formulated by the WCD Ministry as an umbrella scheme aimed at ensuring the safety, security, and empowerment of women across India.
  • The scheme was conceptualized and implemented during the 15th Finance Commission period, covering the years 2021-22 to 2025-26.
  • Nari Adalat aligns with Mission Shakti’s objective of providing legal awareness and justice access to women in rural and semi-urban areas.

 

Two Verticals of Mission Shakti

Mission Shakti has been structured under two major components, each addressing different aspects of women’s empowerment:

  • (i) Sambal (Safety and Security):
    • This vertical is focused on providing protection, support services, and safety mechanisms for women who are victims of violence, abuse, or injustice.
    • It includes initiatives such as women’s helplines, one-stop crisis centers, and shelter homes to ensure that women in distress receive the necessary legal and social support.
  • (ii) Samarthya (Empowerment and Development):
    • This component aims at socio-economic empowerment by providing skill development programs, livelihood opportunities, and legal literacy programs to women.
    • It ensures that women gain financial independence, self-confidence, and better social standing through education and employment opportunities.

 

Inclusive Approach of Mission Shakti

  • The mission explicitly aims to cater to all women and girls, including those who are:
    • Differently-abled, ensuring their inclusion in legal and economic frameworks.
    • Socially and economically marginalized, such as those belonging to disadvantaged communities.
    • Victims of trafficking or domestic abuse, who require rehabilitation and legal aid.
    • Residing in rural or remote areas, where access to legal support is often limited.
  • The scheme ensures short-term and long-term services to facilitate their holistic development and empowerment through legal aid, education, and economic opportunities.

 

Alternative Dispute Resolution (ADR) and Nari Adalat

Nari Adalat as an Alternative Dispute Resolution (ADR) Mechanism

  • Nari Adalat provides an informal but structured Alternative Dispute Resolution (ADR) mechanism at the grassroots level to address disputes involving women in a timely and accessible manner.
  • The traditional court system is often time-consuming, costly, and complex, making it difficult for women in rural areas to seek justice. In contrast, Nari Adalats offer a community-driven, simpler, and faster resolution process.
  • The ADR approach adopted by Nari Adalat includes mediation, arbitration, and conciliation, where disputes are settled through dialogue, consensus, and mutual agreement rather than lengthy litigation.

 

Benefits of ADR Over Conventional Litigation

  • (i) Faster Resolution: Traditional court proceedings can take years to resolve disputes, whereas ADR mechanisms deliver decisions quickly.
  • (ii) Cost-Effective Process: Unlike court cases, which often involve legal fees, travel expenses, and lost wages, ADR mechanisms are affordable and accessible.
  • (iii) Less Adversarial in Nature: ADR fosters a mutually agreeable settlement, unlike litigation, which can be contentious and hostile.

 

Lok Adalats and Their Role in ADR

Functioning of Lok Adalats as a Dispute Resolution Forum

  • Lok Adalats (People’s Courts) are one of the oldest and most widely accepted forms of ADR in India.
  • These courts aim to resolve cases amicably by encouraging settlement agreements between disputing parties.
  • Cases handled by Lok Adalats include:
    • Family disputes, such as matrimonial cases
    • Property and land disputes
    • Motor accident claims and insurance disputes
    • Land acquisition compensation cases
    • Labor and employment-related grievances

Legal Recognition of Lok Adalats

  • The Legal Services Authorities Act, 1987 provides statutory backing to Lok Adalats, ensuring that their decisions are legally binding and enforceable.
  • Decisions given by Lok Adalats are equivalent to a civil court decree, and once a dispute is resolved, no further appeal can be made against the decision.
  • However, if a party is dissatisfied with a Lok Adalat’s ruling, they have the right to approach a regular court and file a fresh case following the required legal procedures.

 

Financial and Procedural Benefits of Lok Adalats

  • No Court Fee Requirement: When a case is filed in Lok Adalat, litigants are not required to pay any court fees, making justice accessible for the economically weaker sections.
  • Refund of Court Fees: If a case that was originally filed in a conventional court is later referred to Lok Adalat and settled, the previously paid court fees are refunded to the litigants.

 

Supreme Court’s Support for Lok Adalats

Special Lok Adalat Initiative by the Supreme Court

  • In 2023, during the Supreme Court’s 75th-anniversary celebrations, a week-long special Lok Adalat was organized to promote the use of ADR mechanisms.
  • Chief Justice D.Y. Chandrachud highlighted the importance of technology-driven solutions to resolve cases in a consensual and voluntary manner.

 

Lok Adalats as an Integral Part of the Judicial System

  • The Supreme Court acknowledged that Lok Adalats play a significant role in reducing the backlog of pending cases in India’s overburdened judiciary.
  • By resolving cases amicably, efficiently, and affordably, Lok Adalats contribute to ensuring accessible justice for all.

 

Conclusion

  • Nari Adalat is a crucial initiative in ensuring timely and accessible justice for women, particularly in rural areas.
  • By expanding the scheme across states, the government can significantly enhance women's access to justice and strengthen community-based legal support.
  • ADR mechanisms such as Nari Adalat and Lok Adalat provide effective alternatives to conventional litigation, reducing the burden on courts while fostering speedy and amicable dispute resolution.

 

What do we need to know about Mission Shakti?

  • About:
    • 'Mission Shakti' was launched during the 15th Finance Commission period 2021-22 to 2025-26.
      • Mission Shakti is an integrated women empowerment programme is launched as an umbrella scheme for the safety, security and empowerment of women for implementation.
  • Components:
    • Sambal:
      • It is for Safety and Security of Women.
      • It consists of schemes of One Stop Centre (OSC), Women Helpline (WHL), Beti Bachao Beti Padhao (BBBP), with a new component of Nari Adalats - women's collectives to promote and facilitate alternative dispute resolution and gender justice in society and within families.
    • Samarthya:
      • It is for Empowerment of Women.
      • It consists of erstwhile schemes of Ujjwala, Swadhar Greh and Working Women Hostel have been included with modifications.
        • In addition, the existing schemes of National Creche Scheme for children of working mothers and Pradhan Mantri Matru Vandana Yojana (PMMVY) under umbrella Integrated Child Development Services ICDS have now been included in Samarthya.
        • A new component of Gap Funding for Economic Empowerment has also been added in the Samarthya Scheme.

 

What are the Services & Activities Involved?

  • Emergency/ Immediate services & short-term care:
    • National toll-free number and integrated services such as temporary shelter, legal aid, psycho-social counselling, medical assistance, police facilitation and link them with existing services etc. through One Stop Centres.
  • Institutional Care for long term support:
    • Taking care of the needs of women right from the conception stage till the time they need such care and support.
    • SakhiNiwas or Working Women Hostel will provide a safe and secure place for the working women.
  • Behaviour Change Communication for dignity and prevention of crime and violence against women:
    • This would include large scale awareness programs and community engagement for gender sensitisation.
    • In addition, engaging with men and boys would be done to partner for countering violence against women and Gender stereotypes.

 

What are the Objectives of Mission Shakti?

  • Provide immediate and comprehensive continuum of care, support and assistance to women affected by violence and for those in distress.
  • To put in place quality mechanisms for rescue, protection and rehabilitation of women in need of assistance and victims of crime and violence.
  • To improve accessibility to various government services available for women at various levels.
  • Making people aware about Government schemes and programmes as well as legal provisions to fight social evils like dowry, domestic violence, Sexual Harassment at Workplace and to promote gender equality etc.
  • Collaboration with partner Ministries/ Departments/ States/ UTs for convergence of policies, programmes/ schemes and to create an enabling environment for public private partnership for safety and empowerment of women across sectors.
  • To prevent gender-biased sex selective elimination; to ensure survival, protection,education and development of the girl child.
  • It also seeks to reduce the care burden on women and increase female labour force participation by promoting skill development, capacity building, financial literacy, access to microcredit etc.

 

Source: https://indianexpress.com/article/upsc-current-affairs/upsc-essentials/knowledge-nugget-nari-adalats-upsc-adr-lok-alternative-justice-women-9844215/