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I. EQUAL JUSTICE TO WOMEN : ROLE OF COURTS AND JUDGES BEING A PRBEING A PROPOSAL FOR GENDER SENSITIZAOPOSAL FOR GENDER SENSITIZATION OF JUDICIAL OFFICERSTION OF JUDICIAL OFFICERS BEING A PROPOSAL FOR GENDER SENSITIZATION OF JUDICIAL OFFICERS BEING A PRBEING A PROPOSAL FOR GENDER SENSITIZAOPOSAL FOR GENDER SENSITIZATION OF JUDICIAL OFFICERSTION OF JUDICIAL OFFICERS RECOMMENDED RECOMMENDED TTO JUDICIAL AO JUDICIAL ACADEMIES AND CADEMIES AND TRAINING INSTITUTIONS*-TRAINING INSTITUTIONS*- RECOMMENDED TO JUDICIAL ACADEMIES AND TRAINING INSTITUTIONS*- RECOMMENDED RECOMMENDED TTO JUDICIAL AO JUDICIAL ACADEMIES AND CADEMIES AND TRAINING INSTITUTIONS*-TRAINING INSTITUTIONS*- Structure and ObjectsStructure and Objects Structure and Objects Structure and ObjectsStructure and Objects The course is designed to serve gender sensitization of judicial officers at all levels. The minimu m dur ation is tw o and half days; it can how ever be stretched for one full week to get optimum results. The syllabus is prepared on the assumption that women do not get equal protection of the laws and they are discriminated against both in substantive law and in procedure, a lot of which can be moderated in its impact if the presiding officers of cour ts are sensitive to the inequalities women suffer from in society. The objects of the course specifically are : (a) to appreciate patent and latent discriminatory provisions against women in the laws of the country and the promise of equality made under the Constitution of India; (b) to understand women’s rights as human rights to be able to interrogate unsustainable attitudes and practices inherited by the legal system; (c) To identify instances of gender bias in adjudication and the circumstances which lead to such results; (d) to be able to inter vene effectiv ely to prevent discr imination against women in court proceedings; (e) to develop gender-neutral attitudes and skills; and (f) to promote justice to women on the basis of equality guarantee of the Constitution of India. PRPROGRAMME DESCRIPTIONOGRAMME DESCRIPTION PROGRAMME DESCRIPTION PRPROGRAMME DESCRIPTIONOGRAMME DESCRIPTION DaDay Oney One 2 PM-2.30 PM2 PM-2.30 PM Session ISession I Day One 2 PM-2.30 PM Session I DaDay Oney One 2 PM-2.30 PM2 PM-2.30 PM Session ISession I — Introduction of faculty and participants. — Discussion on objects and methodology-Roles and Responsibilities for the successful conduct of the workshop. 2.30 PM-3.30 PM2.30 PM-3.30 PM Session IISession II 2.30 PM-3.30 PM Session II 2.30 PM-3.30 PM2.30 PM-3.30 PM Session IISession II Lecture-Discussion on “Women, Equality and Law” Faculty : A law professor familiar with issues of gender justice debate and an expert in laws relating to women. * The proposal was originally prepared by Professor N. R. Madhava Menon while working as a Consultant to the First National Judicial Pay Commission, Government of India (1999). 1 Reading MaterialsReading Materials Reading Materials Reading MaterialsReading Materials )i Select constitutional and statutory provisions on Gender Justice. ii) Excerpts from select reports, inter national instr uments and studies on the subject. Note : This is a perspective session aimed at refreshing the information of judges on the problems of inequality women face in society and in the judicial system (Based on selected empirical data listed in reading materials). The session will also acquaint the judges of what the legal responses have been and how they have fallen short of the standard required under equal justice (Based on rele vant statutor y provisions, judicial decisions and expert committee findings included in reading materials). The lecture will be limited to half the time of the session and will be interspersed with visual material with the help of OHP or slide projector. The synopsis of the lecture raising the issues will be circulated to par ticipants in advance and par ticipants will be encouraged to react, thus making the ver y first session interactive, though in a limited way. The discussion is likely to spill o ver to the coffee break giving a momentum to the workshop including an active environment for the sessions to follow. 3.30 PM-4.00 PM3.30 PM-4.00 PM Break fBreak for Refreshmentsor Refreshments 3.30 PM-4.00 PM Break for Refreshments 3.30 PM-4.00 PM3.30 PM-4.00 PM Break fBreak for Refreshmentsor Refreshments 4.00 PM-7.00 PM4.00 PM-7.00 PM Session IIISession III 4.00 PM-7.00 PM Session III 4.00 PM-7.00 PM4.00 PM-7.00 PM Session IIISession III Domestic Domestic Violence Litigation and Gender JViolence Litigation and Gender Justice Issuesustice Issues Topic : Domestic Violence Litigation and Gender Justice Issues Domestic Domestic Violence Litigation and Gender JViolence Litigation and Gender Justice Issuesustice Issues Faculty : Tw o pre-selected participants of whom one is a woman, a judge of the High Court having reputation for sensitivity to women’s rights and the trainer of the Academy in charge of the course. Reading MaterialsReading Materials Reading Materials Reading MaterialsReading Materials (1) Edited cases relating to dowry death or violence at home. (2) Selected excerpts from case files relating to divorce and separation (3) Research studies and Law Commission Reports; relevant portions only (4) Excerpts from research study on Survey of Judicial Attitudes. TT eaceaching Methodshing Methods Teaching Methods TT eaceaching Methodshing Methods — Short presentations on the problems and issues; — Moot Court/Role playing; — Break-out meetings in small groups analyzing select issues and reporting back; — Summing up by the trainer-moderator. 2 Note : This session has four objectives- (1)for participants to reflect on perceived injustices in law and procedure relating to domestic violence; (2) provide perspectives on possible alternate courses of action open to the court which can be more equitable in domestic relations situations; (3) enable the par ticipants to appreciate evidence with a gender perspective; and (4) understand the importance of being sensitive in taking depositions, issuing inter im orders, giving adjournments, writing judgments and invoking services of other professionals (social work, medicine, forensic experts) in domestic violence cases. Par ticipants will be encouraged to write down their impressions on the two sessions held in the after noon and turn in their comments on the following day which will for m par t of the evaluation. DaDayy TTwwoo 9.30 AM-12.30 PM9.30 AM-12.30 PM Session IVSession IV Day Two 9.30 AM-12.30 PM Session IV DaDayy TTwwoo 9.30 AM-12.30 PM9.30 AM-12.30 PM Session IVSession IV SaturSaturdadayy Saturday SaturSaturdadayy Rape Rape TTrials and Prrials and Proboblems in Equal Jlems in Equal Justiceustice Topic : Rape Trials and Problems in Equal Justice Rape Rape TTrials and Prrials and Proboblems in Equal Jlems in Equal Justiceustice F aculty : A Prosecutor with expertise in conducting rape tr ials and a Defence lawyer preferably a woman; a High Court Judge who has written opinions in rape appeals and a woman activist familiar with issues of gender justice in sexual violence cases. Reading MaterialsReading Materials Reading Materials Reading MaterialsReading Materials (1) Edited case files of rape cases where injustice is perceived by women’s groups. (2) Excerpts of Law Commission Reports and Parliamentary Debates on amendment of rape law. (3) Report of The National Commission for W omen titled "Rape : A Legal Study". (4) Selected articles , research studies and media reports on health and psychological problems associated with rape. (5) Statistics on incidence of rape, conviction r ates etc. TT eaceaching Methodshing Methods Teaching Methods TT eaceaching Methodshing Methods The session will begin with a short video-clipping on the trauma of rape victims and medical opinions on the problems arising therefrom. It will then be follow ed by short presentations on the experience of prosecutors and defense la w y ers in conducting rape tr ials. The discussion will then be initiated by the social activist focussing on what women expect from the courts, prosecutors and defense attorneys. The trainer who moderates the discussion will seek division of the house on controversial issues with a view to involve the judges at an affective level. He would also provide comparative perspectives from other jurisdictions with the help of charts and transparencies. The High Court judge will then reflect on why and where appellate courts inter vene in tr ial cour t judgments and what High Court expects the trial Cour t to do in respect of gender equality in rape and 3 related sexual violence. The participants will be encouraged to question the interpretations taken by the appellate courts. Expected outcomes of the SessionExpected outcomes of the Session Expected outcomes of the Session Expected outcomes of the SessionExpected outcomes of the Session This session is bound to be lively involving almost ever y par ticipant. At the end of the three hour- long session participants will get- (a) ability to appreciate the grievances often aired by women’s groups in respect of rape trials; (b) perspectives on the need to have a wider knowledge base to be able to conduct rape trials fairly and equitably; (c) willingness to correct tendency to underestimate the injury to the victim and to bestow misplaced sympathy to offenders; (d) opportunity to shar pen skills for better appreciation and interpretation of evidence including expert testimony; and (e) confidence to control court interactions which tend to prejudice the victim. 12.30 PM-2.00 PM12.30 PM-2.00 PM LuncLunch Breakh Break 12.30 PM-2.00 PM Lunch Break 12.30 PM-2.00 PM12.30 PM-2.00 PM LuncLunch Breakh Break 2.00 PM-5.30 PM2.00 PM-5.30 PM Session Session VV 2.00 PM-5.30 PM Session V 2.00 PM-5.30 PM2.00 PM-5.30 PM Session Session VV MarriaMarriagge Disputes and the Matrimonial (Fe Disputes and the Matrimonial (Familamily) Coury) Courtt Topic : Marriage Disputes and the Matrimonial (Family) Court MarriaMarriagge Disputes and the Matrimonial (Fe Disputes and the Matrimonial (Familamily) Coury) Courtt F aculty : A Senior Family Court Judge, a Family Counsellor (Conciliator) attached to the Family Court and two pre-selected participants with experience in matrimonial jurisdiction. Reading MaterialsReading Materials Reading Materials Reading MaterialsReading Materials (1) Edited case file materials on divorce, maintenance and child custody cases. (2) Excerpts of Law Commission Reports, Research studies and socio-legal reports on matrimonial litigations highlighting gender justice issues. TTeaceaching Methodshing Methods Teaching Methods TTeaceaching Methodshing Methods Session to begin with a 30 minute Moot Court of arguments in a trial case-Trainer to present the facts in advance and introduce the two participants who will represent the parties. The Family Court Judge to preside-After judgment, participants to r aise questions and offer comments for 30 minutes. The Family Court Judge is then to give a presentation on how the Family Court is different from an ordinary civil cour t in the matter of gender justice. Par ticipants to offer comments on how far conciliation/counselling can be a necessary part of all matr imonial cases and what are the skills and attitudes necesary therefor. The last one hour of the session will be small group conciliation/counselling exercises on assigned matrimonial petitions in which the participants will play roles and record their experiences in the exercise. 4
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