Women, Matrimonial Litigation and Alternative Dispute Resolution (Adr): Transforming Indian Justice Delivery System for Achieving Gender Justice

ISBN-13: 9789811610141 / Angielski / Twarda / 2021 / 331 str.

Neelam Tyagi

Spis treści

Introduction.- Matrimonial Disputes and Scope of ADR in Resolving and Reducing their Escalation.- Matrimonial Litigation, Its Aftermath and ADR Mechanisms in Focus.- ADR Institutions, Role of ADR Practitioners and Frequency of Resolution of Matrimonial Disputes.- Stumbling Blocks and Hardships Faced by Women Undergoing Matrimonial Dispute and Litigation.- Understanding Power Imbalance, Final Settlements and Quest for Gender Justice Through ADR.- An Empirical Evaluation of ADR and Gender Justice for Women Facing Matrimonial Litigation.- Conclusion and –Recommendations for Transforming Indian Justice Delivery System for Achieving Gender Justice.

O autorze

Dr Neelam Tyagi is an assistant professor at the Campus Law Centre, Faculty of Law, University of Delhi.

She completed her law degree from the prestigious Campus Law Centre, Faculty of Law, University of Delhi, New Delhi (India) after obtaining her B.A. in Psychology (Honours) from the same university. Though she has taught many law courses both at the postgraduate and undergraduate level, alternative dispute resolution (ADR) and women and law are her major areas of interest. She is an accredited trained Mediator and as an educator, is significantly involved in the propagation of the concept of ADR both at the college and community level. She has to her credit various research papers and chapters in the edited book on an entire range of topics dealing with gender justice and its related aspects including gender and labour laws and policies in India, women and personal laws in India, gender and sexuality in

media and indecent representation of women, women and children as enslaved victims of human trafficking, the correlation between gender inequities and property laws and challenges to women’s economic empowerment, gender injustice and denials under marriage and divorce law, ensuring rights to surrogates, UNDG and inclusive growth for women, revision and reforms in the family laws through uniform civil code, the linkage between women empowerment and environment, laws for women’s safety and security and legal amendments, to name a few.

Blurb

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 woman’s 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 women’s 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.