Family Courts, Matrimonial Law and Gender Justice: Workshops with Judges

“The Question is … how we can enable all judges, indeed all individuals in positions of authority and power, to make a difference, and to ensure that the law responds not only to the needs of those whose interests it has traditionally served, but to those of all members of society.” Justice Clarire L’Hureux-Dube Justice of the Supreme Court of Canada (2001) Beyond the Myths: Equality, Impartiality and Justice

A Family Court judge (or a judge dealing with matrimonial matters) has to rely upon certain guiding principles enshrined in the Constitution and international covenants to protect women’s rights. He / she must be conscious of the fact that traditionally women suffer from a disadvantage in society as well as in families. The judge has been bestowed with the powers of setting right the historic wrongs. For this judges have to shift from the premise of ‘formal equality’ to ‘substantive equality’ as stipulated in our Constitution. We have been organizing workshops for judges of family courts as part of UNDP - GOI initiative titled, Strengthening Access to Justice in India – Phase I (SAJI-I). A manual guide of case law which tracks latest trends in family law that deal with women’s rights titled, Family Courts, Matrimonial Law and Gender Justice has been prepared as resource material. The manual is a useful guide to ascertain the latest and accurate legal position on various issues concerning women that are not well publicized and can be relied upon in pursuit of gender justice during litigation.