Women, matrimonial litigation and alternative dispute resolution (ADR) : transforming Indian justice delivery system for achieving gender justice / Neelam Tyagi.

Format:

Book

Author/Creator:

Tyagi, Neelam, author.

Language:

English

Subjects (All):

Marriage law--India.

Marriage law.

Dispute resolution (Law).

India.

Dispute resolution (Law)--India.

Women--Legal status, laws, etc--India.

Women.

Women--Legal status, laws, etc.

Physical Description:

xxv, 331 pages ; 25 cm

Place of Publication:

Singapore : Springer, [2021]

Summary:

This book examines the practice of Alternative Dispute Resolution (ADR) as it stands today in the context of matrimonial disputes and for providing gender justice for women undergoing matrimonial litigation. ADR is a fairly recent but increasingly prevalent phenomenon that has significantly evolved due to the failure of the adversarial process of litigation to provide timely resolution of disputes. The book explores the merit and demerit of traditional litigation process and emergence, socio-legal framework, work environment and success rate of various ADR processes in general and for resolving matrimonial disputes in particular. It comprehensively discusses the role of various institutions and attitudes and perceptions of ADR practitioners. It analyzes the influence of patriarchal cultural assumptions of appropriate feminine behaviour and its effect on ADR practitioners like mediators and counsellors that leads to the marginalization of aggrieved womans issues. With a brief analysis of the experience and challenges faced with the way the ADR process is conducted, the focus is on probing the vulnerability of aggrieved women. The book critiques the practice of ADR as it is today and offers constructive ways forward by providing suggestions, insights, and analysis that could bring about a transformation in the way justice is delivered to women. This in-depth study is an attempt to guide decision making by bringing forth and legitimizing the battered womens voice which often goes unrepresented, in the debate about the efficacy of ADR mechanism in resolving matrimonial disputes. The book is of interest to those working for justice for women, particularly in the context of matrimonial disputes -- legal professionals, mediators, counsellors, judges, academicians, women rights activists, researchers in the field of gender and women studies, social work and law, ADR educators, policymakers and general readers who are inclined and interested in bringing a gender perspective to their area of work.

Contents:

Machine generated contents note: 1. An Introduction

1.1. Background

1.2. Women. Matrimonial Litigation, and ADR

1.2.1. Idea of a Family and Marriage in the Indian Jurisprudence

1.2.2. Gender Discrimination and Patriarchy

1.2.3. Matrimonial Litigation and Higher Incidence of Divorce

1.2.4. Courts Overburdened

Emergence of Alternative Dispute Resolution Mechanism (ADR)

1.2.5. Matrimonial Litigation and ADR

1.2.6. Societal Prejudices: Its Effect on ADR Outcome

1.3. Focus of This Book and Its Importance

1.4. About the Book

References

2. Matrimonial Disputes and Scope and Benefits of ADR

2.1. `Until Death Do Us Part': A Myth

2.1.1. The Institution of Marriage

2.1.2. Changing Concept of Marriage

2.1.3. Higher Incidence of Matrimonial Disputes

2.2. Reason Behind the Genesis of Matrimonial Disputes

2.2.1. Industrialization, Urbanization, and Westernization

2.2.2. Nuclear Versus Joint Family: Changing Patterns of Family

2.2.3. Role Reversal: Social Change and Equality of Sexes

2.2.4. Modernization and Dilution of Social Stigma Attached to Divorce

2.2.5. Other Reasons

2.3. Peculiarity of Matrimonial Disputes and Unlocking the Potentiality of ADR

2.3.1. Indian Judiciary and Access to Justice

2.3.2. Delays and Reasons Behind Insurmountable Arrears

2.3.3. Need and Emergence of ADR

2.4. ADR Approach and Benefits for Women Litigants

2.4.1. Provides Reliable Setting to Aggrieved Women for Grievance Redressal

2.4.2. Provides a Platform for Amicable Resolution of Marital Disputes

2.4.3. Provides a Confidential and Informal Mechanism Unlike Formal Court Proceedings

2.4.4. Others Benefits

2.5. Conclusion

3. Matrimonial Litigation, Its Aftermath, and ADR Mechanisms in Focus

3.1. Legal Provisions and Personal Laws Dealing with Marital Conflicts

3.2. Range of Legal Proceedings Flowing from Matrimonial Conflict

3.2.1. Maintenance

3.2.2. Return of Stridhan and Dowry

3.2.3. Judicial Separation (JS)

3.2.4. Restitution of Conjugal Rights (RCR)

3.2.5. Post-divorce Parenting

3.2.6. Financial Arrangements

3.2.7. Others

3.3. Aftermath of Matrimonial Disputes and Ensuring Healthy Resolutions

3.3.1. Impact of Divorce on Society

3.3.2. Impact of Divorce on Children

3.3.3. Impact of Divorce on Woman and Stress of Being a Single Parent

3.4. Locating the Significant ADR Mechanism for Resolving Matrimonial Disputes

3.4.1. Type of ADR

Primary Techniques and Hybrid ADR Procedures

3.4.2. ADR in Focus

3.4.3. Indian Laws for Resolving Matrimonial Disputes Through ADR

3.5. Conclusion

4. ADR Institutions, Role of ADR Practitioners, and Frequency of Resolution of Matrimonial Disputes

4.1. Existing ADR Institution and Prototype

4.1.1. Family Counselling Centres (FCCs)

4.1.2. Legal Services Authorities: Lok Adalat, Legal Aid Agencies, Delhi Legal Aid & Advice Board

4.1.3. Gram Nyayalaya or Village Courts or Mobile Courts, Panchayat and Nyaya Panchayats

4.1.4. Role of Crimes Against Women Cell (CAWC)/Mahila Thana/Parivar Paramarsh Kendra

4.1.5. Role of National Commission for Women (NCW)/Delhi State Commission for Women (DCW)

4.1.6. Role of Religion-Specific Institutions

4.1.7. Others (Fast Track Courts, Mahila Adalats and Tribunals)

4.2. Family Courts and Mediation Centres as Harbinger of Peace and Closure

4.2.1. Family Courts

4.2.2. Mediation Centres

4.3. Role of the ADR Practitioners in Settling Matrimonial Disputes

4.3.1. Role of Mediators

4.3.2. Role of Counsellors

4.3.3. Role of Judges

4.3.4. Role of Advocates

4.3.5. Role of Police

4.4. Frequency of Settlements/Disposals Attained Through ADR Process

4.5. Conclusion

5. Stumbling Blocks in Battered Women Access to Justice: Gender Inequities, Violence, and Economic Marginalization

5.1. Deep-Seated Barrier Due to Gender Inequities

5.1.1. Patriarchy and Gender Discrimination

5.1.2. Socialization, Gender Roles and Gender Stereotypes

5.1.3. Gender Subordination and Oppression

5.1.4. Role of Religion and Media in Reinforcing Traditional Gender Roles

5.2. Revolutionizing Gender Justice and Areas of Concern

5.2.1. Gauging Gender Justice and Equality for Women

5.2.2. Women Movement and the Impact of Reforms on Women Welfare

5.2.3. Women Empowerment Through Law: Current Scenario

5.2.4. Non-representation of Women at the Policy Framing Level

5.3. Women Vulnerability Due to Domestic Violence

5.3.1. Magnitude of Problem and Posed Challenges

5.3.2. Factors Perpetuating Domestic Violence

5.3.3. Ignorance of Domestic Violence Laws

5.4. Economic Marginalization and Women Seeking Justice

5.4.1. Women, Lack of Education and Empowerment

5.4.2. Women and Economic Disparities

5.4.3. Poor Community Support and Self-sacrificing Womanhood

5.5. Conclusion

6. Understanding Attitude and Asymmetries, Final or Fair Settlements and Quest for Gender Justice Through ADR: Some Dilemmas

6.1. Key Challenges to ADR in Focus

6.1.1. Factors Affecting Court-Annexed Counselling Process

6.1.2. Factors Affecting Court-Annexed Mediation Process

6.2. Apathetic Attitudes Towards Distressed Women

6.2.1. Paternalistic Attitudes and Neutrality

6.2.2. Prejudicial Bias and Gender Role Ideologies

6.2.3. Lack of Sensitive Redressal of Disputes

6.3. Final Settlements and Underplay of Gender Justice: Do ADR Permit Equitable Negotiations?

6.3.1. Power Imbalance and Complexities for Women

6.3.2. DV and Its Effects on Negotiation

6.3.3. Final or Fair Settlements and Equitable Negotiations

6.4. Screening Cases of DV and Power Imbalance

6.5. Conclusion

7. An Empirical Evaluation of ADR and Gender Justice for Women Facing Matrimonial Litigation

Evidence from Delhi

7.1. Interviews of Women, Counsellors, and Mediators

7.1.1. Family Courts and Mediation Centres in Delhi

7.1.2. About the Study

7.1.3. Interview Results

7.1.4. Focused Discussion with Judges Mediators and Counsellors

7.2. Case Studies

7.2.1. Case Studies: Mediation (Ten)

7.2.2. Case Studies: Counselling (Ten)

7.3. Summation of Empirical Study

7.4. Conclusion

8. Conclusion and Recommendations for Transforming Indian Justice Delivery System for Achieving Gender Justice

8.1. Conclusion

8.2. Recommendations for Reform

8.2.1. Recommendations: ADR Process

8.2.2. Recommendation: Role of ADR Practitioners

8.2.3. Recommendations: Gender Justice

8.3. Concluding Remarks

References.

Notes:

Includes bibliographical references.

ISBN:

9789811610141

9811610142

OCLC:

1237633660

Publisher Number:

99987610554