ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

Kritika VohraSubscribe to Kritika Vohra

Women in the Law

In the recent years, the Indian judiciary has, without any doubt, helped women make significant strides in their long and hard struggle for an equal place in the law. However, it is important to reflect on how these decisions shape the discourse around women’s place as equal citizens, and what they may mean for future legal battles.

Mediating Matrimonial Disputes in India

Dispute resolution through negotiation has long been a part of the Indian legal tradition, though the Civil Procedure Code, 1908, was only amended in 1999 to include different mechanisms for out-of-court dispute resolution. This amendment brought mediation into focus as a key form of alternate dispute resolution. Data from Bangalore Mediation Centre points to issues in the mediation framework that must be addressed before mediation can be seen as an effective mechanism to resolve matrimonial disputes. These include inadequate training of mediators, judges giving mediation referrals without proper consideration, gendered power imbalances, and prioritising the institution of marriage over individuals’ interests. This paper argues for an evidence-based approach to studying matrimonial cases and mediation.
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