Paper Instructions
Describe the chosen case study, explain its history and operation, and discuss why it can be considered an example of legal pluralism, what the case shows us about law and law-like systems, and includes a discussion of relevant political issues and contributions.
Abstract:
This research paper sets to cover the importance of legal pluralism and its role in the significance of Women’s Courts in India. This is done through setting the tone by introducing the ideology of legal pluralism, briefly explaining the definition and its importance of study.
This will be drawn from the work of Merry’s ‘Legal Pluralism’. The research paper ties and connects the themes and ideas from Merry’s work to the research study of Women’s Courts in India. The main focus of the Women’s Courts will e on various ‘adalats’ (courts), including the Mahila Adalat, Nari Adalat and the Shariah Adalat. This paper discusses the structure and workings of the women’s courts and analyzes the use of each system and relevance to the governing state law.
From the research material, the paper makes the reference to various articles, using studies conducted to provide an insight on the roles and limitations of the women’s courts and their dealing with disputes such as violence against women, women’s rights, and rights to land.
Respond in essay format, 8-10 double spaced pages concisely summarizing and analyzing the case study.
Formatting should be 12pt font, Times New Roman, double-spaced text.
Refer to author by surname and page number.
Grammar, spelling, and overall readability will be considered in grading.
In-text citations are required, please see citations list below
Use the following sources attached as pdf
Merry 1998, Legal Pluralism
Merry 2006, Transnational Human Rights
Vatuk Sylvia, Women’s Court in India
Sarah Potthoff, Interpretations of Justice
Nitya Rao, Custom and the Courts
Kethineni et al., Combating Violence Against Women in India
Justin Jones Where Only Women may Judge
See the works cited list below, all attached as pdf.
Works Cited
Jones, Justin. “‘Where Only Women May Judge’: Developing Gender-Just Islamic Laws in
India’s All-Female ‘Sharī’ah Courts’.” Islamic law and society 26.4 (2019): 437–466.
Web.
Kethineni, Sesha, Murugesan Srinivasan, and Suman Kakar. “Combating Violence Against
Women in India: Nari Adalats and Gender-Based Justice.” Women & criminal justice
26.4 (2016): 281–300. Web.
Merry, Sally Engle. “Legal Pluralism.” Law & Society Review, vol. 22, no. 5, [Wiley, Law and
Society Association], 1988, pp. 869–96, https://doi.org/10.2307/3053638.
Merry, Sally Engle. “Transnational Human Rights and Local Activism: Mapping the Middle. Anthropologist”, 2006, 108: 38-51.
https://doiorg.ezproxy.library.yorku.ca/10.1525/aa.2006.108.1.38
Potthoff, Sarah. “Interpretations of Justice: Conceptions of Family and Gender Justice at a Nari
Adalat (Women’s Court) in South India.” Social & legal studies 28.6 (2019): 755–773.
Web.
Rao, Nitya. “Custom and the Courts: Ensuring Women’s Rights to Land, Jharkhand,
India.” Development and change 38.2 (2007): 299–319. Web.
Vatuk, Sylvia. “The ‘Women’s Court’ in India: An Alternative Dispute Resolution Body for
Women in Distress.” Journal of legal pluralism and unofficial law 45.1 (2013): 76–103.
Web.
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