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Society
Quiet! The Women's Court is in Session
by Kulsum Mustafa
What began as an
innovative experiment 12 years ago is now an important instrument of
justice delivery for the women of rural Uttar Pradesh (UP). Across 20
blocks of 12 districts in India's largest state, rural women, some of
them totally illiterate, have taken on the responsibility of dispensing
justice at the grassroots through 'nari adalats', or informal women's
courts for social justice.
'Nari adalats' were initiated in 1997 by the Mahila Samakhya (MS), an
autonomous registered society sponsored and supported by the Ministry of
Human Resource Development, Department of Education. The MS was started
in the late 1980s, as part of a movement for women's equality in three
states - Karnataka, Gujarat and Uttar Pradesh. It works in the areas of
education, social justice and livelihoods through 'mahila sanghs'
(women's collectives) formed in villages. While initially there were
only a handful of women volunteers in these collectives, today they
comprise over 95,000 members.
The very popular 'nari adalats' - the first of which was held in the
Nagal block of Saharanpur district - come together every month on fixed
dates in various districts. 'Nari adalat' activists draw up the dates
with the help of the MS functionary. The venue is decided through the
common consent of 'sangh' members, though it usually is a centrally
located public place mostly near a 'panchayat ghar' (village council
office), a 'thana' (police station) or a 'dak ghar' (government guest
house).
In all, 12 'sangh' women are a part of one 'nari adalat'. However, at a
time only six listen to complaints and then deliver justice. Besides
being well versed in gender concerns, these women have analytical
skills, understand administrative procedures and are trained to deal
with the police and other officials. They even know the procedures to
lodge a First Information Report (FIRs) and make draft applications. And
all this training is imparted to them by the MS staff, experts, NGOs and
lawyers.
On the appointed day the women sit as part of a jury and carefully
listen to each case. The timings of the informal court are usually from
11 am to 3 pm, depending on the number of cases to be heard. It is
fairly simple to approach a 'nari adalat'. A complainant has to either
give a written application or verbal information on the case. Once the
case is registered, a letter or message is sent to the other party. Only
after they hear the arguments of the both sides, do the women pass a
judgement. For this they sometimes even make an effort to physically
talk to different stakeholders. Usually, around two to three hearings
are sufficient to give a final verdict. But for all the hard work and
effort they put into this process, none of the women expect any monetary
compensation.
To set such a process in motion is certainly no mean achievement,
especially in a state like UP, which holds the dubious distinction of
leading the rest of India in crimes of violence against women and which
has the lowest levels of female literacy.
Talking to the women judges is a real eye-opener. It is interesting to
note how they deal with cases ranging from child rape and wife beating
to girls' education. "A maximum number of cases are related to domestic
violence. Media reports concentrate on violence in urban areas. The
media have generally failed to report on domestic violence that rural
women routinely face," argues Ram Rani from Sitapur, who is a judge on
the district panel. Incidentally, she was one of the 1,000 women from
across the world who was nominated by a women's initiative for the Nobel
Peace Prize in 2005.
Madhu Sharma, a jury member from Saharanpur in her early fifties,
agrees. "We have to change mindsets. Men have to be made gender
sensitive, they have to be taught to treat women with respect," she
observes, adding that male dominance seems to be far greater in rural
areas than in urban areas.
She quotes her own example. Last year, Madhu had to face a lot of
opposition from her family simply because she chose to register the plot
of land she had purchased with her savings in her own name. "My husband
was furious. He lodged his protest by refusing to eat food for one full
day. But I held my ground and eventually he gave in," she recalls.
Madhu remembers another difficult case they resolved - that of Phoolvati,
35, of Sitapur. After the death of her husband 15 years ago, Phoolvati
had put all her jewellery in the custody of her brother. But at the time
of her daughter's wedding recently, when she wanted it to be returned,
her brother refused. Phoolvati was distraught and lodged a complaint in
the local nari adalat. It took seven months, but Phoolvati's brother was
finally persuaded to return the jewellery to her. Also, thanks to the
wisdom and counseling of the judges, Phoolvati's relations with her
brother actually improved after this episode.
The various kinds of discriminations - religious, social and
gender-based - which are roadblocks in justice delivery are addressed at
the community level. Clearly, one of the biggest hindrances in women's
empowerment in rural India is the ever-present threat of violence and
these all-women courts have offered redressal in many such cases.
The advantage of these informal courts is that, unlike in formal court
proceedings, those seeking justice here don't have to wrestle with
complex legal procedures or shell out large amounts of money. "Women
bring their problems to these courts without any reservations. They have
full faith that they will get justice here. They believe that their
problems will be heard with compassion and commitment, and that every
attempt will be made to solve them as early and as effectively as
possible," says Sumita, 50, another rural judge from Saharanpur.
"Today, rural women are far more aware than earlier. They recognize
violence and its many faces. In fact, they now battle archaic customs
and come out against violence," says Rashmi Sinha, Director, Mahila
Samakhiya UP. According to her, the principal objective of her
organization is to build an environment in which women can access their
situation better and shake off their helplessness by empowering
themselves and emerging as agents of change.
According to Sinha, the collectives of rural women are being
strengthened through information flows and through regular training.
Over time, women have realized the power of their unity and are ready to
make meaningful interventions in issues that affect their daily lives
like drinking water, equal wages, education, gender discrimination and
violence, both within the home and outside it.
But what accounts for the success of these 'nari adalats'? Sinha
explains, "This is an actively functional system of social justice. It
encourages group decision-making, seeks to analyze situations and
problems of local women from a feminist perspective, and quick and
inexpensive justice to the aggrieved without legal acrobatics. 'Nari
adalats' also provide for follow-up action to ensure that there is no
miscarriage of justice."
Given this success, there is also a rising demand to increase the
frequency of these sessions. Presently, the courts are held only once or
twice a month because of a paucity of funds and human resources. But
clearly, 12 years after the first session of the 'nari adalat' in UP,
there is a manifest need for such a process and that in turn should
ensure that it grows from strength to strength.
June 7, 2009
By arrangement with
WFS
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