ACCESS TO JUSTICE FOR WOMEN: THE ROLE OF FAMILY COURTS IN INDIA

Abstract

Access to justice is a fundamental constitutional guarantee in India, rooted in Articles 14, 21, and 39A, yet for many women it remains more aspirational than real due to entrenched socio-cultural and structural barriers. This paper examines the role of Family Courts in India as a specialized institutional mechanism aimed at enhancing women’s access to justice in family-related disputes. It critically analyzes how patriarchal norms, socio-economic inequalities, lack of legal awareness, and procedural complexities impede women’s ability to effectively seek legal remedies in matters such as divorce, maintenance, child custody, and domestic violence.
The study explores the objectives and functioning of the Family Courts Act, 1984, highlighting its emphasis on conciliation, mediation, and speedy dispute resolution as a departure from the adversarial model of traditional courts. It evaluates whether Family Courts have succeeded in creating a more accessible, efficient, and gender-sensitive forum for justice delivery. While these courts have contributed to reducing procedural delays and emotional distress, challenges such as inadequate infrastructure, limited awareness, and inconsistent implementation persist.
The paper concludes that although Family Courts represent a progressive step toward strengthening access to justice for women, there is a need for systemic reforms, enhanced legal aid, and greater gender sensitization to fully realize their potential in ensuring substantive justice and empowerment for women in India.

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