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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).
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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.
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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
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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.
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