"Mahila Courts: Specialized Judicial Bodies Ensuring Swift Justice and Support for Women Victims of Gender-Based Crimes in India

Mahila courts, also known as women's courts, are specialized judicial bodies in India established to handle cases related to crimes against women, including domestic violence, sexual harassment, dowry-related issues, and other gender-based offenses. These courts aim to provide a supportive environment for female victims, ensuring swift and sensitive handling of their cases. They often have female judges and staff trained to deal with such issues, focusing on delivering justice and empowering women. Mahila courts are part of broader efforts to address and reduce gender-based violence and discrimination in society.

1. Mahila Court Empowering Women through Justice Created by: Rishab M A4023004 M.Sc. Forensic Science

2. Objectives

3. WHAT IS MAHILA COURT? Mahila court is a specific type of forum for alternative dispute resolution created with the aim of addressing the marriage and associated family issues that women faces. Mostly managed by women's NGOs, frequently with funding from foreign donor organizations or, in some circumstances, from governmental or semi-governmental organizations as State Women's Commissions or Legal Aid Societies. These bodies go by a variety of names in local languages, like: mahila (or nari ) adalat (women's court) mahila mandal (women's circle) mahila panchayat (women's council) mahila manch (women's platform) nari nyaya samiti (women's justice committee) and so on.

4. WHY DO WE NEED MAHILA COURT ? The Mahila Courts in India serve several key purposes, some of which are: Gender Justice Sensitivity and Support Expedited Proceedings Protection of Rights Legal Awareness Promoting Social Change

5. Jurisdiction of Mahila Court Mahila Court has jurisdiction over cases involving crimes against women, such as domestic violence, dowry harassment, and sexual harassment. The Mahila Court typically fall under the jurisdiction of the District or Sessions Courts. It is the state's judicial system that has overarching legal jurisdiction over most of the issues that impel such women to approach all-woman court Women's courts are undoubtedly a form of "alternative dispute resolution" forum, but unlike official tribunals established by the government under the Arbitration Act, their "decisions" are neither formally acknowledged by the state-sponsored judicial system nor do they have the support of the state. Their role in relation to the state is peripheral at best, and their objectives only partially overlap with those of the formal justice delivery system, as represented by the police and courts.

6. Legal Framework Mahila Court operates under the legal framework of the Indian Penal Code, the Criminal Procedure Code, and other relevant laws. The special court established by this Act shall have the same authority to conduct any investigation as provided for in the Code of Civil Procedure (1908) and the Code of Criminal Procedure (1973) for civil and criminal courts, respectively. Mahila court are structurally unique in at least two respects: all of the mediators are female and they ideally come from the same locality, belong to the same class and have a similar social and cultural background to that of the women in the court's client base

7. Mahila Court vs State Court STATE COURT MAHILA COURT Focus Deal with cases involving individuals of all genders. Primarily focuses on crimes against women and issues affecting their rights. Jurisdiction Broad jurisdiction and handles wide variety of cases. Limited jurisdiction and primarily handles offenses against women. Purpose To provide a forum for the resolution of all types of legal disputes. To create a specialized and sensitive legal environment specifically for women. Specialization May not be specialized in handling gender-based violence or women issues, it is a special service Specialized and often have judges and staffs trained to handle cases involving women. Justice Delivers legal justice Delivers social justice

8. Role of NGOs Non-Governmental Organizations (NGOs) play a crucial role in providing assistance and support to Mahila Court. The goal of NGOs is to promote gender equality in society as a whole, to do away with the prevalent "patriarchal" norms and attitudes that keep women in a subordinate position and hinder them from fully exercising the rights to which they are entitled under the Constitution and the laws of the state One of the primary drivers behind the idea of an all-female dispute forum was the conviction that both the state's institutions responsible for justice and punishment, as well as non-state dispute resolution bodies like caste and community councils, are deeply ingrained in the prevailing "patriarchal" system of beliefs and presumptions regarding appropriate gender roles in marriage and the family.

9. Establishment of First Women’s Court in India India’s first special court to deal with crimes against women was first setup in Malda in the state of Bengal on 23rd January 2013. The main motive for setting such court was “speedy disposal of cases involving women”. The Mahila Court typically fall under the jurisdiction of the District or Sessions Courts.

10. Members of the Mahila Court In a Mahila Court, a significant emphasis is placed on having a substantial presence of female staff members to create a more supportive and comfortable environment for women. Female Judges: Typically, Mahila Courts are presided over by female judicial officers who serve as judges. Female Lawyers: Many Mahila Courts encourage the presence of female lawyers, both in the prosecution and defence. Female Court Staff: Support staff such as clerks, stenographers, and bailiffs may also include women to facilitate a more women-friendly environment. Female Psychologists/Counselors: In some cases, Mahila Courts may have female psychologists or counselors to provide emotional and psychological support to women who are victims of gender-related crimes.

11. Challenges and Solutions CHALLENGES SOLUTIONS Backlog of Cases Increased Funding Resource Constraints Fast-Track Process Sensitivity Training Training Programs Accessibility Strengthen Legal Aid Awareness Awareness Campaigns Expansion and Collaboration Legal Reforms

12. Landmark Case GOVINDASWAMY vs THE STATE OF KERALA (Sowmya Murder Case)

13. References Vatuk S. (2013, March). The “women’s court” in India: an alternative dispute resolution body for women in distress. The Journal of Legal Pluralism and Unofficial Law , 45 (1), 76–103. https://doi.org/10.1080/07329113.2013.774836 https:// www.thehindu.com/news/national/coming-women-only-courts-for-alternative-dispute-resolution/article67053956.ece https://www.bbc.com/news/world-asia-india-21175738 Dipa Dube (2018, March). Evaluating the Law of Murder in Light of Soumya Judgment: A Medico-Legal Perspective. http://doi.org/10.5958/0974-4487.2018.00001.9

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