CASE STUDY

NAMITA RAJE

NARI ADALAT:
A Beacon for Women
in Distress

Fulfilling the need for Thanks to cultural and social sanctions, there prevails, in our society,
justice-imparting systems a fallacious notion of male privilege that considers women as
subordinates and inferior to men. As such, many women accept the
in a strongly patriarchal
atrocities inflicted upon them as fate and barely think of questioning
society, Nari Adalats, despite them because that would invite criticism and humiliation. The
facing challenges during traditional, often male-dominated, mechanisms of dispensing justice,
the evolutionary phase of at the village level, seldom take into account the sufferings of women
and end up with verdicts that asphyxiate the very essence of Justice.
this Alternative Dispute
Resolution system, are The evolution of Nari Adalats, at the block level, in the form of an
helping to reduce the distress Alternative Dispute Resolution System, led to the addressing of
of village women problems through counselling, conciliation and facilitation and the
public condemning of such acts, imposition of fines, etc. These Adalats,
exclusively dedicated to women, attempt to balance the scales of

19
 The traditional forms of justice-dispensing
mechanisms had patriarchal biases. If women ever
dared to raise their voice against the atrocities
inflicted on them, they would face criticism and
humiliation, both at home and in society. They were
often reviled if they questioned the prejudiced view
about the women in society.

justice, by-passing social evils me insights into the mechanisms INTRODUCTION

and stigmas. Only cases that of a form of Alternative Dispute —
fail to get resolved at the village Resolution System; Nari Adalat
“A society that is unable to
organization (VO) and the Gram literally translates to Women’s
Panchayat-level Federation respect, protect and nurture its
Court.
(GPLF) reach the Nari Adalats. women and children, loses its
The traditional forms of justice- moral moorings and runs adrift”
Being associated with PRADAN dispensing mechanisms had (‘Are women not part of our
in Koderma, as part of my patriarchal biases. If women ever being?’ by Siddharth Chatterjee,
internship programme, I got the dared to raise their voice against The Hindu)
opportunity of interacting with the atrocities inflicted on them,
members of the Nari Adalat there they would face criticism and At the time of the advent
(under the wing of the Damodar humiliation, both at home and in of civilization, there was no
Mahila Mandal Sangh, formed society. They were often reviled distinction between man and
through PRADAN’s initiative), if they questioned the prejudiced woman. However, in the Vedic
who were being exposed to period, the lawgiver Manu, in
view about the women in society.
rigorous paralegal training
his work on social conduct,
sessions that made them aware Nari Adalats stood up for Manusmriti, stated, “Where
of the prevailing male dominance women’s rights and ensured
and the ways to tackle it. women are honoured, there the
that the social fabric of the Gods are pleased; where they are
community is preserved, which dishonoured, the sacred rites
This article analyses the need
might otherwise wither away if
for the evolution of such yield no fruits.”
mechanisms, the challenges the formal judiciary system were
faced during the evolutionary to be approached. However, the institution of
phase as well as currently, and marriage confined women and
Personal accounts of the victims,
their functioning and impact in limited their role to within the
who sought justice through this
reducing the distress of women. four walls of the home. The
Adalat and the experiences of the
When reading this article, condition of women deteriorated
you may decide for yourselves members of this Adalat, whether
it be at the phase of initiation or with the passage of time. On
whether such an institution the one hand, they were being
translates into concrete women’s currently, reveal success stories
of women’s unions, which dared projected as goddesses and, on
empowerment or not.
to walk past deeply embedded the other, they were expected
patriarchy and regressive to be submissive and dependant
BACKGROUND OF THE RESEARCH wives and daughters. Gradually,
mind-sets, and established a
— platform for women to voice women learned to conform to the
My work with the members of their problems and fight for their social norms of conduct set by the
the Nari Adalat in Koderma gave rights. men.

20 NEWSREACH MAY_JUNE 2017

 However, the institution of marriage confined
women and limited their role to within the four
walls of the home. The condition of women
deteriorated with the passage of time. On the one
hand, they were being projected as goddesses and,
on the other, they were expected to be submissive
and dependant wives and daughters.

For centuries, women have been in order to keep the family The semantic meaning of crimes
discriminated against, oppressed together and they deserve to be against women is direct or
and humiliated by men and their beaten. (International Men and indirect physical or mental cruelty
plight has not yet been addressed. Gender Equality Survey, ICRW. against women.
org)
Before approaching the focal • A crime is committed against The most common atrocities
topic of the research, I want to a woman every two minutes. against women are dowry
offer some data related to crimes (National Crime Records deaths, honour killings, female
against women in India and Bureau (NCRB), 2014) foeticide and infanticide,
throw light on the types of crimes witchcraft-related murders,
being committed. • Approximately 24 per cent of rapes, forced prostitution and
Indian men have committed human trafficking, acid attacks,
• According to the National sexual violence in their forced child marriage, domestic
Crime Records Bureau (Ncrb. lifetime. (International Men
violence—whether it is physical,
gov.in. National Crime Records and Gender Equality Survey
sexual, psychological or economic,
Bureau. 2013), reported (IMAGES). ICRW.org.)
eve—teasing, abduction, etc.
incidents of crime against • Andhra Pradesh, West Bengal,
women have increased by 6.4 Uttar Pradesh, Rajasthan and Among all the crimes committed
per cent in India during 2012. Madhya Pradesh account for against women, cruelty by
• As many as 60 per cent of half of the crimes committed husbands and relatives accounts
Indian men believe that women against women. (NCRB Report, for the majority. Assault on
should tolerate some violence 2014) women with an intention to

Source: National Crime Records Bureau (NCRB)

CASE STUDY NARI ADALAT: A BEACON FOR WOMEN IN DISTRESS 21

outrage their modesty is the Dispute Resolution system called that the list of instituted FIRs
second-most prominent type of Nari Adalat. does not reveal the true data of
crime committed against women crimes against women because
in India. Given below is the record of FIRs only for those offences that are
The data point to the need for instituted in the Mahila Thana, too grave to be solved through
the evolution of an Alternative Koderma. It is worth mentioning mediation are FIRs filed.

Government of India
National Commission for Women
Nature-Wise Report of the Complaints Received by NCW in the
Financial Year 2015–16
No. Nature Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
1 Bigamy/Polygamy 35 18 40 25 19 21 18 14 14 19 17 26
Cyber crime against
2 24 17 32 21 20 28 22 8 11 32 16 21
women
Dowry harassment/
3 245 159 313 195 155 195 136 105 182 196 166 239
Dowry death
Gender
discrimination
4 including equal 3 6 2 7 0 7 4 2 4 4 3 1
right to education
& work
Indecent
5 representation of 14 3 13 11 2 9 9 13 7 8 10 10
women
6 Miscellaneous 73 42 30 0 0 0 0 0 0 0 0 0
Outraging modesty
7 254 163 473 348 153 195 156 121 213 236 201 240
of women
Police apathy
8 598 374 1006 893 405 591 594 410 536 481 425 455
against women
Privacy of women
9 21 23 27 9 47 16 5 6 6 11 12 3
and rights thereof
Reproductive health
10 7 8 13 5 4 4 2 6 9 4 5 2
right of women

22 NEWSREACH MAY_JUNE 2017

 No. Nature Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar
Right to exercise
11 51 72 111 62 33 47 37 30 50 53 35 53
choice in marriage
Right to live with
12 540 473 1153 838 593 645 603 449 482 531 473 534
dignity
Sex selective
abortion/
13 8 4 4 2 0 4 1 2 1 2 4 2
Female foeticide/
Aminiocentesis
Sexual harassment
14 including at 71 41 68 50 38 58 34 22 23 49 36 52
workplace
15 Stalking/Voyeurism 2 3 6 4 7 4 4 2 2 5 13 6
Traditional practices
derogatory to
16 women rights, i.e., 3 0 2 1 2 0 1 2 0 2 4 0
Sati pratha, witch
hunting, etc.
Trafficking/
17 Prostitution of 9 7 13 7 0 3 5 6 3 8 6 9
women
Violence against
18 274 186 444 272 191 294 214 130 203 193 154 183
women
Women’s right of
custody of children
19 2 1 0 0 0 0 0 0 0 0 1 2
in the event of
divorce
20 Total 2234 1600 3750 2750 1629 2121 1845 1328 1746 1834 1581 1838

Total complaints = 24,379

CASE STUDY NARI ADALAT: A BEACON FOR WOMEN IN DISTRESS 23

 Nari Adalat is a gender-sensitive, informal
Alternative Dispute Resolution (ADR) platform,
an innovation of the Mahila Samakhya of the
Ministry of HRD, in response to the rise in the
number of cases of violence against women

The population of Koderma, as authorities, as and when the against the atrocities inflicted
per the 2011 Census, stands situation demands. upon them, rural women are
at 24,633. The types of crimes largely ignorant on this front.
and their frequency in 2015 in Operative on certain fixed days in Most women, especially in less-
Koderma are listed below: a month, a Nari Adalat is typically developed states, are not aware
formed at the block level and of the basic legal aid available
builds on the village-level Mahila to them. ‘Courts’ have a strange
Type of Crime Frequency
Mandals (Damodar Mahila meaning in their dictionary;
Domestic violence Mandal Sangha in Chandwara). courts are viewed as institutions
11
and cruelty A legal committee is formed of harassment and intimidation;
Dowry death 13 within the Sangha; members for this reason, they do not
receive paralegal training to solve seek the available remedies and
Riot 1
disputes arising in the villages. continue to suffer.
Sexual assault 3 Nari Adalat members are chosen
Witchcraft-related from among the women of the Even when women are aware of
3 area. their rights, they are often reviled
murders
for raising their voices. Their cries
Total 31 Nari Adalats form a network with and complaints are suppressed for
Non-government Organizations the sake of the family’s prestige,
WHAT IS NARI ADALAT? (NGOs), community leaders, which may become tarnished if
— gram panchayats and government such issues were to be publicized.
institutions such as the police,
Nari Adalat is a gender-sensitive,
Courts, and Mahila Aayogs. One peculiar situation is that
informal Alternative Dispute
sometimes women too believe
Resolution (ADR) platform,
that, by nature, they are meant to
an innovation of the Mahila WHY NARI ADALAT?
remain subordinates to men and,
Samakhya of the Ministry of —
HRD, in response to the rise in therefore, accept cruelty as their
the number of cases of violence A mere glance at the data fate, instead of fighting back.
against women. It issues verdicts provided points to the need for Although strange, often women
in cases of crimes against women an efficient system of trials and a in the family inculcate such
and also tries to propagate competent mediating authority. ideas in the minds of growing
legal literacy at the grass-roots With India being so deeply girls. Young girls are taught that
in India. It uses methods such shackled in patriarchy, there is they are supposed to remain
as mediation, negotiation, need for a platform that would submissive to men. Often, women
conciliation and fines. be exclusively dedicated to, and are viewed as a commodity,
largely managed by, women. dependent upon and sheltered
In case of acute need, the Adalats by men. “Pati ne hi toh maara hai,
help women approach the formal Whereas most urban women are is mein kaunsi bari baat hai,”, (It
judicial system, helping them seek aware of the basic legal redressal is just your husband who beat
justice through legally entitled systems available to them to fight you, what’s the big deal),” Neera

24 NEWSREACH MAY_JUNE 2017

 The Adalats work towards resolving
disputes through mediation and
counselling, and also by making the
women aware of their rights

Devi (name changed) consoled In such a scenario, justice- “Facilitating the approach to the
her twenty year-old daughter who imparting mechanisms such as formal judicial system is also
repeatedly complained of being Nari Adalats ensure a speedy made easier for the ignorant
beaten by her drunk husband. redressal of grievances and, that population through this
Later on, she sought some too, at affordable fees unlike the institution of Nari Adalat” says
relief when she approached the local-level panchayats that charge Adv. Suman Jaiswal, who has
Chandwara Nari Adalat. The girl a hefty amount. been associated with the Nari
is now leading a happy married Adalat in Chandwara, and offers
life with a two-year old baby girl. The Adalats work towards her services to the members and
resolving disputes through victims, as and when the need
In many cases, if a woman were to
mediation and counselling, and arises.
dare to question such abuse, and
were to approach the village-level also by making women aware
panchayats, she would either be of their rights. This method of
IMPACT AT THE GRASS-ROOTS
shooed away or be made to suffer working preserves the social
fabric of the community that —
punishment she did not deserve.
As such, the scales of justice would not be possible if the Since my research work pertains
are lopsided and gender equity formal judicial system were to be to Koderma, I have tried to
chokes to death. approached. capture glimpses of the Nari

Nari Adalat is a concept that evolved through the initiative of the Mahila Samakhya Programme of the
Ministry of Human Resources Development and has been in existence in India since 1995. The Nari
Adalat, Koderma (in operation since 16 April 2008), has been initiated by PRADAN and falls under the
umbrella of the Damodar Mahila Mandal Sangh, Koderma, being operated in the Chandwara block of
the district.

The cases involving atrocities against women, which fail to get resolved at the Village Organization
(VO) and Gram Panchayat Level Federations (GPLFs), get instituted at the Nari Adalats that are
operational at the Federation Level. Those people, who are not members of the Nari Adalat, may
directly approach these Adalats instead of following the hierarchy. The didis (this is the way the
members of Nari Adalat address one another) of these Adalats make inquiries by visiting the parties
and through other means so as to make a better judgement. Each Adalat has six to eight judges,
assisted by 20 advisors. The judges are chosen by the members from among themselves. These groups
also attempt to make people aware of their rights, thus promoting legal literacy.

The concept is still not very popular in Koderma, with only a single Nari Adalat operating for the
entire district. The Adalat operates in two of the villages of Chandwara block, namely, Tham and
Madanmundi on 16th and 28th of every month, respectively.

CASE STUDY NARI ADALAT: A BEACON FOR WOMEN IN DISTRESS 25

 They relate to their Federation and feel proud
of it. They tell us that when they say the name
of their Federation, people in the villages give
them respect and behave politely.

Adalat influence in Koderma, so a teen-aged girl named Rukhsana suffering injustice have sought
as to get an idea of how far these Khatoon here (See box). solace through the Nari Adalat.
Nari Adalats have come.
Rukhsana’s case is just one among Dhannu Saw from Chattarbar,
I would like to share the story of several others, where women Koderma, is another example.

THE PLIGHT OF RUKHSANA

Rukhsana, a bubbly, dainty girl aged seventeen years, greeted me at the entrance of her house. After
a brief introduction, she invited me in. I explained to her the purpose of my visit, and she initially
hesitated to talk about her traumatic past. She said, “Didi, ab hum zindagi mein kaafi aage barh chuke hain.
Unn puraani baaton ko bhul kar, phir se hum unn baton ko kabhi yaad nahi karna chahte. (I have now moved
on in my life, forgetting my past, I don’t want to look back and remember those moments.)”

It took some effort to convince her to share her story. She finally agreed to talk at length about her life
before and after her broken marriage and how she managed to smile amidst her scars. How with the
Nari Adalat Chandwara, holding her hand, she had walked away from the traumatic life that she had
believed was her destiny.

Youngest among her siblings, and everybody’s darling, a happy-go-lucky girl belonging to a conservative
Muslim family, Ruksana had to enter into the institution of marriage at the tender age of 13, while
studying in the seventh standard. She is a resident of Chaurahi village, in Chandwara block of Doderma
district. She was married to Saddam Ansaari, a resident of Bekobar village of Jainagar block in the same
district.

At an age when her peers hopped around, chasing frogs and butterflies, an age at which she should have
been holding a pen to study and nurture her dreams for the future, she instead bore the handcuffs of
bangles. Still, she left her parents’ home with a heavy heart, looking forward to a new journey of her life.
Little did she know that she was going to be bruised for life!

It didn’t take even a week for her to realize that her in-laws house was not the house of dreams. It was a
nightmare instead. Her husband and her mother-in-law, both, were abusive towards her. Far from giving
her the dignity of a daughter-in-law, they often beat her. They also locked her in a room without food
and water. Her husband forced her to have sexual intercourse and threatened to kill her if she resisted.
They took away all the money she had with her. Losing her patience, the aggrieved girl informed
her parents about the atrocities she was being subjected to. Her parents called her back. After some
panchayat meetings at the village level, her in-laws agreed to keep her with them and she returned. But
they failed to change their attitude toward her, and the torture continued.

26 NEWSREACH MAY_JUNE 2017

 The verdicts passed by the Nari Adalat have an
acceptance owing to the social sanction. The
effects of the prevailing patriarchy are diminishing
wherever such institutions are operative.

After bearing all this for about one year, Rukshana heard about the Nari Adalat from Sudha Devi, a
service provider of Nari Adalat, Chandwara. After some efforts at mediation by the members of the
Adalat, the Nari Adalat members helped Rukhsana approach a court of Law. She got relief, and her in-
laws were asked to pay a compensation of Rs 2,00,000.

Two years have passed. Meanwhile, living with her parents, she has completed her matriculation and
is looking forward to getting enrolled for the intermediate examinations. She is also getting married
again this October and she is looking forward to a happy married life, where all her cherished hopes and
desires get fulfilled.

As I was about to take leave of her, she insisted that I take some sweets and she invited me to attend
her wedding ceremony. Thereafter, I bid her adieu hoping that she be blessed with a happy conjugal life
where her past doesn’t haunt her anymore.

After delivering a baby girl, she doubt, Nari Adalat has brought Initially PRADAN, Koderma, took
was tortured and abused by her about a drastic change in society. the responsibility of propagating
in-laws. She was asked to bear Whereas earlier, women were the concept of this institution
all the expenses incurred on her hesitant to sit beside the male among village women, who were
daughter. It became difficult members of the family, they are ignorant about their rights. It was
for her to live there. When she now out in the field, fighting for a tedious task to convince them
approached Nari Adalat, the a good cause and spreading legal to unite on a common platform
matter was resolved through awareness. and address the problems of law
mediation and she now enjoys a and order exclusive to women.
happy family life. IMPEDIMENTS AND LOOPHOLES Convincing them was difficult,
— first, because they were women,
Nari Adalat clearly has a far-
accustomed to living within the
reaching influence on the lives The enthusiasm of women,
coupled with active participation, four walls of their homes. Second,
of women, particularly those
belonging to the marginalized with the aim of liberating because most of them were
community. The organization themselves is no doubt, illiterate and uneducated, it took
helps them walk with their heads commendable. Such enthusiasm great effort to make them realize
held high. is fuelled every time justice is the need for such an institution.
imparted. But their spirit often
The verdicts passed by the Nari gets dampened by the many Societal biases also performed
Adalat have an acceptance owing impediments posed by society their role of discouraging
to the social sanction. The effects and authority. Such hindrances women at every level. People
of the prevailing patriarchy are not new for those who have were disparaging of the women
are diminishing wherever such been associated with Nari Adalats who had recently begun to
institutions are operative. No since the journey began. realize their worth and dignity

CASE STUDY NARI ADALAT: A BEACON FOR WOMEN IN DISTRESS 27

 Thereafter, there began a phase when a few women,
who realized the importance of the Nari Adalats
joined hands and began propagating the concept
of this institution. They were exposed to several
rigorous paralegal training sessions at the initiative
of PRADAN

and were trying to figure out if need to be addressed urgently. such as newspapers, television
they ‘actually’ deserved equal The lack of efficiency causes and radio, which are more
treatment. Often, they were delays in trial procedures. popular in rural areas. Even
accused of being negligent of Verdicts of this court are often pamphlets may be circulated in
their household chores while challenged on the grounds of the this regard.
being active outside their inadequacy of the jury members. • Rigorous training of paralegals:
homes, the supposedly male Several times, influential people There is a lack of efficiency
domain. They were often chided visit the sessions of these among the members trained
for competing with men. This Adalats and try to manipulate for the purpose. Regular
traditional mentality of society ignorant members. Certain paralegal training sessions
often created awkward situations cases of betrayal by the Adalat should be organized in order to
for women, making each step members have also emerged, have these institutions working
difficult for them. shaking the faith in the sanctity better.
of the institution. The mode
Thereafter, there began a phase • Regular meetings: Meetings
of operation of such Adalats is should be organized among the
when a few women, who realized time-consuming, causing a large
the importance of the Nari members themselves in order
number of cases to not even come to discuss the problems faced
Adalats joined hands and began up for hearing. The frequency of
propagating the concept of this by them in running the Adalats
operation of such Adalats also and the ways to sort them out.
institution. They were exposed needs to be increased from the
to several rigorous paralegal current once a month, so as to • Proper monitoring: The
training sessions at the initiative be able to take up a maximum sessions of these Adalats
of PRADAN. They often faced should be monitored, at
number of cases.
constraints imposed upon them least for the first few years
by the very authorities meant to of their establishment. This
assist them. When they required SUGGESTIONS may be done by professionals
the assistance of police officials, — especially recruited for the
they were often asked to pay A thorough analysis of the purpose.
bribes in lieu of the services working of this institution throws • Co-ordination between the
that were due as a right to every up certain suggestions for its government and the NGOs:
citizen of the country. Not only improvement and to increase the Properly co-ordinated efforts
this, many a times force was used span of its influence, thereby, of the government and the
upon these women when they enhancing the efficacy of Nari NGOs could bear fruit. The
tried to seek assistance. Adalats: government may assign these
tasks to specific NGOs.
It is not that this Adalat faces • Promoting the institution:
—
glitches only on account of This institution needs to be
Namita Raje is a student of National University
external factors. It also had some promoted on a larger scale. of Study and Research in Law, Ranchi and did
lacunae in its own conduct that Various means may be adopted her internship with PRADAN

28 NEWSREACH MAY_JUNE 2017