ABSTRACT
In the heart of India, the joint family system has long stood as a symbol of unity and tradition. Yet, behind the veil of this enduring structure lies a reality shaped by patriarchy. These families, while deeply bonded, often operate under an unspoken rule: the men lead, while the women follow. The roles are as clear as day—men as decision-makers and women as caretakers. This hierarchy, entrenched in age-old beliefs, deems men more powerful, privileged, and superior in every facet of life.
The whispers of change, however, are growing louder. Society has begun to recognize the voices of women who demand equality and dignity. Legal measures have been introduced to combat gender discrimination, dowry practices, violence, and other remnants of a patriarchal mindset. Yet, despite these advances, the shadow of bias lingers, rooted in the collective psyche of a society slow to unlearn centuries of inequality.
In many societal and judicial settings, a man’s voice often carries greater weight than a woman’s, shaped by long-standing norms that equate financial power and societal standing with authority. Men, as primary providers, are frequently seen as the backbone of the family, their opinions automatically commanding respect and attention.
This imbalance is particularly evident in legal disputes. With access to better financial resources, men can hire skilled legal counsel, build stronger cases, and navigate the system more effectively. Meanwhile, women, constrained by societal expectations and often limited resources, struggle to find equal footing. Even beyond the courtroom, the perception that men are decision-makers and protectors amplify their voices in family and community matters. A man’s words are often perceived as rational and authoritative, while a woman’s might be dismissed as emotional or secondary. In this dynamic, money and power become not just tools but barriers, silencing women and ensuring that men’s voices echo louder and farther.
Amidst this backdrop of transformation, there exists another story—one of conflict and resolution. The idea of resolving disputes without the long, winding path of courtroom battles is not a modern invention in India; it is a legacy. Since ancient times, Indian communities have practiced methods of resolving disagreements outside formal legal systems. This tradition, now formalized as Alternative Dispute Resolution (ADR), offers a beacon of hope for swift and harmonious justice.
ADR stands as a bridge between the past and the present, blending the wisdom of tradition with the urgency of modernity. As India grapples with the dual challenges of uprooting gender injustice and ensuring swift justice, these stories of change weave together—a tapestry of struggle, resilience, and hope for a fairer future.
KEYWORDS
Gender equality, marital affairs, alternative dispute resolution.