Shadow Justice: Role Of Informal ADR In Resolving Family Property Disputes In India
- IJLLR Journal
- 1 day ago
- 2 min read
Vedanteshwari Rawal, Kirit P Mehta School of Law
ABSTRACT
In the Indian urban context, family property disputes are being settled outside the formal adjudicatory process by means that cannot be strictly classified as Alternative Dispute Resolution (ADR) mechanisms. Though the Arbitration and Conciliation Act of 1996 and mediation centres attached to the courts provide a formal platform for dispute resolution, a substantial number of family property disputes are being settled outside these formal mechanisms. This includes disputes being settled through mediation by family elders, family settlement agreements arrived at between parties, mediation by community leaders, or even the involvement of religious or social organizations acting as a body for conciliation. This can be termed a “Shadow Justice” scenario. The phenomenon of Shadow Justice is also very evident in urban family property disputes. The emotional involvement and social factors in these disputes prompt the parties to settle the disputes amicably. Though these processes help in resolving disputes in a faster and less costly manner, several critical issues arise in the context of law and morality. The informal processes do not provide a platform for formal ADR mechanisms such as the neutrality and transparency of mediators and representation by a lawyer. This gives a platform for unequal bargaining for the parties. The research paper aims to examine the phenomenon of informal ADR mechanisms in the context of urban family property disputes in India. The paper employs a doctrinal method of research. The study examines the statutory provisions and relevant case laws and socio-legal literature to assess the legitimacy and implications of informal ADR mechanisms. The paper focuses on the impact of informal dispute resolution mechanisms in the context of gender justice and women’s inheritance rights. The study contends that informal ADR cannot be viewed as either regressive or progressive in nature. Instead, it operates as a pragmatic system that is subject to cultural norms, economic factors, and social interactions. While informal ADR plays a vital role in resolving conflicts and sustaining family relationships, there is a possibility that it can perpetuate inequality in family dynamics. The paper concludes that a balanced approach is essential in addressing the importance of informal ADR while incorporating measures that promote equality and the protection of legal rights.
