Published Paper Details:

ABSTRACT Gender justice is a critical aspect of ensuring equality and fairness for all individuals, regardless of their gender identity. In the state of Kerala, the family court system plays a crucial role in addressing issues related to gender justice. However, there have been concerns about the effectiveness of the current legal framework in achieving this goal. This paper aims to critically examine the functioning of family courts in Kerala and how they contribute to promoting gender justice. One of the key limitations of the current legal framework is its narrow focus on legal solutions, rather than addressing the underlying societal and cultural factors that perpetuate gender inequality. This often leads to a lack of understanding and sensitivity towards the complex issues faced by individuals in the family court system. Furthermore, there are concerns about the inadequate representation of marginalized groups, such as women from lower socio-economic backgrounds, in the court system. Moreover, the study highlights the need for a more victim-centered approach in family court proceedings. Currently, the burden of proof often falls on the victim, leading to re-traumatization and discouraging individuals from seeking justice. There is a need for a more empathetic and supportive environment within the family court system, where victims feel safe and empowered to share their experiences. In conclusion, this study reveals the shortcomings of the current legal framework in addressing gender justice in the family court system in Kerala. It highlights the need for a more holistic and victim-centered approach, as well as the importance of addressing societal and cultural factors that perpetuate gender discrimination. This research contributes to the ongoing discourse on gender justice and provides insights for policymakers and stakeholders in the legal system to improve the functioning of family courts in Kerala. Gender justice is a fundamental aspect of any society, where individuals are treated equally regardless of their gender. In many countries, including India, gender justice is often achieved through a legal framework that enforces laws and regulations to protect the rights of women and other marginalized genders. However, this traditional approach to gender justice has been called into question, and alternative legal frameworks have been proposed as a means to achieve gender justice more effectively. One such alternative legal framework is the family court system in India. This system was established in 1984 with the goal of providing a more accessible and efficient means for individuals to resolve family disputes. The family courts in Kerala are designed to be more informal and sensitive to the needs of the parties involved, especially women and children. This critical study aims to examine the effectiveness of the family courts in Kerala in promoting gender justice. It will analyze the court's structure, procedures, and decision-making processes to determine if they align with the principles of gender justice. The study will also explore the impact of cultural and societal norms on the functioning of the family courts and their ability to provide justice to marginalized genders. One of the key aspects of the family court system in Kerala is its emphasis on mediation . These method is intended to promote a peaceful resolution of disputes and reduce the adversarial nature of traditional court proceedings. However, there are concerns that this approach may not always be effective in addressing power imbalances and gender-based discrimination within families. Moreover, the study will also examine the role of legal aid and support services provided by the family courts to marginalized genders, including women and members of the LGBTQ+ community. It will assess the availability and accessibility of these services and their impact on promoting gender justice. In conclusion, this critical study aims to provide insights into the functioning of the family courts in Kerala and their role in promoting gender justice through an alternative legal framework. It will identify areas of improvement and make recommendations for ensuring equal and fair treatment for all individuals, regardless of their gender, within the family court system. By critically analyzing the working of the family courts, this study hopes to contribute to the ongoing discourse on achieving gender justice through alternative legal frameworks. TITLE OF THE SUBMISSION- GENDER JUSTICE THROUGH ALTERNATIVE LEGAL FRAMEWORK.A CRITICAL STUDY ON WORKING OF FAMILY COURTS IN KERALA. NAME OF THE AUTHOR- ARYADAS CS DESIGNATION- RESEARCH SCHOLAR AFFILIATION- HINDUSTAN INSTITUTE OF TECHNOLOGY AND SCIENCE, PADUR, CHENNAI EMAIL ID- advaryapaul@gmail.com CONTACT NUMBER- 9495178906