Open Access Research Article
ADR AND WOMEN'S ACCESS TO JUSTICE IN INDIA: OPPORTUNITIES AND CHALLENGES
Abstract
Abstract:
Access to justice remains a
persistent challenge for many women in India due to economic dependence, social
barriers, lack of legal awareness, and delays in the formal judicial system. In
this context, Alternative Dispute Resolution (ADR) mechanisms such as
mediation, conciliation, Lok Adalats, and Online Dispute Resolution (ODR) have
emerged as effective alternatives for providing affordable, accessible, and
timely justice.
This chapter examines the role of ADR
in enhancing women's access to justice in India and evaluates both its
potential and limitations. The study adopts a doctrinal and analytical
methodology, drawing upon constitutional provisions, statutory frameworks,
judicial decisions, reports, and academic literature. It also employs a
gender-sensitive perspective to assess whether ADR mechanisms adequately
address the unique challenges faced by women.
The chapter argues that ADR offers
several advantages, including reduced costs, speedy resolution,
confidentiality, flexibility, and greater participation of parties in the
dispute resolution process. These features make ADR particularly useful in
family, maintenance, custody, property, and workplace disputes. Furthermore,
the rise of ODR has expanded opportunities for accessible justice through
technology-driven solutions.However, the chapter also highlights concerns such
as power imbalances, patriarchal influences, lack of gender-sensitive mediation
practices, and the risk of unfair settlements. Additionally, the digital divide
continues to restrict the benefits of ODR for many women, particularly those
from rural and marginalized communities.
The chapter concludes that while ADR
has significant potential to improve women's access to justice, its success
depends on the adoption of gender-sensitive safeguards, enhanced legal
awareness, and stronger institutional support to ensure fair and equitable
outcomes.
Published Paper
Author Details
Authors: SHIVANGI MAHAJAN
Registration ID: 1013113 | Published Paper ID: IJLRA13113
Year: Sep-2026 | Volume: 3 | Issue: 6
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 219-235
Article Information
ADR AND WOMEN'S ACCESS TO JUSTICE IN INDIA: OPPORTUNITIES AND CHALLENGES
Authors: SHIVANGI MAHAJAN
- Journal IJLRA
- ISSN 2582-6433
- Volume 3
- Issue 6
About Journal
International Journal for Legal Research and Analysis
- AbbreviationIJLRA
- ISSN2582-6433
- AccessOpen Access
- LicenseCC 4.0
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