International Perspective on Gender Justice in Family Dispute Resolution: A Comparative Analysis and Lessons for India

This research examines the integration of gender justice principles into family dispute resolution mechanisms through a comparative analysis of international practices and their implications for India. The study's primary objective is to assess how alternative dispute resolution (ADR) processes, particularly mediation and conciliation, can be enhanced to ensure gender equality and women's access to justice in family disputes. The analysis compares approaches from developed jurisdictions including the United States, Australia, United Kingdom, and Canada with developing nations such as Bangladesh, Pakistan, and Sri Lanka. Key findings reveal that successful gender-sensitive ADR systems incorporate comprehensive domestic violence screening protocols, specialized training for mediators, integrated support services, and robust monitoring mechanisms. Developed jurisdictions demonstrate sophisticated safeguards, including mandatory accreditation requirements and evidence-based practice guidelines, while developing nations face challenges in balancing traditional dispute resolution methods with gender justice imperatives. The study identifies significant implementation gaps in India's current framework, despite constitutional guarantees and legislative enactments supporting gender equality. The research recommends that India adopt comprehensive legislation specifically addressing gender justice in family ADR, establish specialized institutions with trained personnel, implement mandatory certification programs for family mediators, and develop systematic awareness campaigns. These reforms would strengthen India's family dispute resolution mechanisms while ensuring compliance with international gender justice standards.