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Accessing Justice: Models, Strategies and Best Practices on Women's Empowerment

Full citation: IDLO, "Accessing Justice: Models, Strategies and Best Practices on Women's Empowerment," IDLO REPORT (2013). - This paper highlights some of the challenges and solutions for women’s access to justice in diverse legal systems. It shows that women face structural and cultural barriers to accessing justice – insufficient knowledge of rights and remedies, illiteracy or poor literacy, and lack of resources or time to participate in justice processes. This is all the more so as women usually have intensive family responsibilities. Even where women can access the formal justice sector, the outcomes of the process often fall far short of those envisaged by international standards, particularly with regard to property rights, inheritance, divorce and child custody, and spousal abuse. Focusing on legal empowerment as a way to improve both access to justice and the quality of justice women receive, the study presents strategies and best practices in both formal and informal justice systems. Legal empowerment approaches share one core concept: using the law to enable disadvantaged groups to access justice and realize basic rights. They include legal education; legal aid services; support for non-discriminatory dispute resolution fora to complement or supplement informal systems; training of paralegals; and rights awareness. In considering whether such approaches can improve the quality of justice women receive, Accessing Justice brings together a number of IDLO-sponsored case studies in Afghanistan, India, Namibia, Rwanda, Mozambique, Tanzania, Morocco, Papua New Guinea and the Solomon Islands. These highlight a variety of lessons for development practitioners, both in terms of engagement with the informal legal sector and, more generally, for the use of legal empowerment and top-down / bottom-up strategies. In an appropriate context, carefully designed legal empowerment strategies may constitute a valuable contribution to improving women’s access to justice.
[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Bougainville, Solomon Islands, Afghanistan, Namibia, Mozambique, Tanzania, Rwanda, India
Creator:
IDLO
Year:
2013

Andhra Pradesh Scheduled Areas Land Transfer Regulation

A Regulation to regulate the transfers of land in the Scheduled Areas of the East Godavari, West Godavari, Visakhapatnam Srikakulam [Adilabad,Warangal, Khammam and Mahaboobnagar] districts of Andhra Pradesh.

Collection Type:
Legal Materials
Country:
India
Creator:
Andhra Pradesh State Government
Year:
1959

Andhra Pradesh Tenancy Laws (Amendment) Act, 2002

This act amends the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 and the Andhra Pradesh (Andhra Area) Tenancy Act, 1956

Collection Type:
Legal Materials
Country:
India
Creator:
Andhra Pradesh State Government
Year:
2002

Black Market for Brides?

Full Citation: Brulé, R., "Black Market for Brides? NCAER Decentralization," Rural Governance and Inclusive Growth, Retrieved from http://www.ruralgov-ncaer.org/blogs/?p=172 (Mar. 2011).

Collection Type:
Articles
Country:
India
Creator:
Brulé, R.
Year:
2011

Can Government-Allocated Land Contribute to Food Security?

Full citation: Santos, F., Fletschner, D., Savath, V., & Peterman, A. (2013). “Can Government-Allocated Land Contribute to Food Security?” IFPRI Discussion Paper, December 2013.

Collection Type:
Articles
Country:
India
Creator:
Santos, F., Fletschner, D., Savath, V., & Peterman, A.
Year:
2013

Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka

Full citation: UN Women. (2014). “Empowering Widows: An Overview of policies and programmes in India, Nepal and Sri Lanka.”
- This paper finds that strengthening engagement with civil society in the implementation of government programs results in a more enabling environment for widows to claim services, including land rights. Focus group discussions in India and Nepal showed that widows who were a part of this collaborative effort were more articulate, confident and aware of their rights. This played an important role in helping them claim their entitlements, including land rights. In Sri Lanka, widows have been able to take advantage of government programs for capacity building and skills training due to the partnership between the government and the groups working with widows. In the process, many widows have become agents of change in their community. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Sri Lanka, Nepal, India
Creator:
UN Women
Year:
2014

For a Fair Deal

Full Citation: Singh, K., "For a Fair Deal," 29(10) FRONTLINE (May-June 2012).

Collection Type:
Articles
Country:
India
Creator:
Singh, K.
Year:
2012

Gender and Green Governance

Full citation: Agarwal, B. (2010). Gender and Green Governance (Oxford: Oxford University Press). - This book is based on a primary survey of community forestry institutions (CFIs) in the early 2000s, and on fieldwork in Nepal and India. It examines the impact the gender composition of a group has on women’s effective participation, rule-making, rule violations, forest conservation, and firewood and fodder shortages.

It finds that women’s greater presence in CFIs has many statistically demonstrable benefits. It enhances women’s effective voice in decision-making; influences the nature of decisions made, especially the rules of forest use and their implementation; and improves forest condition. Measures that help increase women’s presence in governance institutions (and especially poor women’s presence) would thus be beneficial both because their participation is intrinsically important for inclusive governance and successful institutional functioning, and to better fulfill the conservation and subsistence objectives of such institutions. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Nepal, India
Creator:
Agarwal, B.
Year:
2010

Gender Asset and Wealth Gaps Evidence from Ecuador, Ghana and Karnataka, India

Full citation: Cheryl Doss, Carmen Diana Deere, Abena D. Oduro, Hema Swaminathan, Suchitra J. Y., Rahul Lahoti, W. Baah-Boateng, L. Boakye-Yiadom, Jackeline Contreras, Jennifer Twyman, Zachary Catanzarite, Caren Grown, and Marya Hillesland. The Gender Asset and Wealth Gaps: Evidence from Ecuador, Ghana, and Karnataka, India. Bangalore: Indian Institute of Management Bangalore. 2011.

Collection Type:
Articles
Country:
Multiple Countries, India
Creator:
Doss, C., Deere, C.D., et al
Year:
2011

Gender Asset and Wealth Gaps Evidence from Karnataka

Full Citation: Swaminathan, H. et al., "Gender Asset and Wealth Gaps: Evidence from Karnataka," 35 ECONOMIC AND POLITICAL WEEKLY (Sept. 2012).

Collection Type:
Citations
Country:
India
Creator:
Swaminathan, H., Lahoti, R., and Suchitra J Y
Year:
2012

Gender, Assets, and Agricultural Development: Lessons from Eight Projects

Full citation: Johnson, N. L., Kovarik, C., Meinzen-Dick, R., Njuki, J., & Quisumbing, A. (2016). Gender, Assets, and Agricultural Development: Lessons from Eight Projects. World Development, 83, 295–311.

Collection Type:
Articles
Country:
Multiple Countries, Burkina Faso, Bangladesh, Mozambique, Kenya, Tanzania, Uganda, India
Creator:
Johnson, N. L., Kovarik, C., Meinzen-Dick, R., Njuki, J., & Quisumbing, A.
Year:
2016

Hindu Succession (Karnataka Amendment) Act, 1990

This act amends the national Hindu Succession Act, 1956 in its application to the State of Karnataka.

Collection Type:
Legal Materials
Country:
India
Creator:
Karnataka State Government
Year:
1990

Hindu Women's Property Rights in India: A Critical Appraisal

Full citation: Patel, R. (2006). “Hindu Women's Property Rights in India: A Critical Appraisal.” Third World Quarterly, 27(7), 1255–1268. - This paper looks at changes in Hindu women’s position regarding property rights, and argues that rights conferred through law must be analyzed in light of their contexts (cultural, historical, etc.) to determine their practical legitimacy. It addresses the need to critically define the bases and contours of 'rights' as created by law. Taking the example of changes in Hindu women’s position in relation to property through the rights generated by statutory and constitutional provisions, the article critically evaluates the potential for such a 'rights regime' to enable Hindu women's greater access to property. It argues that the idea underlying a particular claim, its legitimacy and therefore effectiveness within a legal framework must be critically evaluated. The legitimacy of claims presumptively conferred within a legal framework must be interrogated in the light of legal, historical, political and cultural contexts. Such a contextual and critical analysis is crucial for effective protection of rights claims through law. To the extent that legal regimes reflect and substantiate wider social relations, their potential for bringing about substantive change in the lives of women can only be realized through ongoing critical analyses of gender, law and society.
[Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
India
Creator:
Patel, R.
Year:
2006

How Many Women Get Land Inheritance Rights?

This opinion piece was first published in Ananda Bazar Patrika on
March 7, 2013.

Collection Type:
News & Commentary
Country:
India
Creator:
Bhattacharya, Swati
Year:
2013

India Constitution

Collection Type:
Legal Materials
Country:
India
Creator:
India's Ministry of Law and Justice
Years:
2012, 2011

India Forest (Conservation) Act

This is the 1980 Forest (Conservation) Act with amendments made in 1998

Collection Type:
Legal Materials
Country:
India
Creator:
Parliament
Year:
1980

India: Gender in a Forest Rights Project in Jharkhand

One of six case studies informing the synthesis report "Gender and Collectively Held Land: Good Practices and Lessons Learned from Six Global Case Studies."

Collection Type:
Articles
Country:
India
Creator:
Richardson, A.
Year:
2016

India Hindu Succession Act

This is the 1956 Hindu Succession Act and the 2005 amendment.

Collection Type:
Legal Materials
Country:
India
Creator:
Parliament
Years:
2005, 1956

India National Commission for Women Act

This act creates the National Commission for Women and prescribes the powers and functions of this commission.

Collection Type:
Legal Materials
Country:
India
Creator:
Parliament
Year:
1990

India National Forest Policy

This 1988 policy outlines the strategy and objectives for managing the country's forests.

Collection Type:
Legal Materials
Country:
India
Creator:
Ministry of Environment and Forests
Year:
1988

Indian Forest Act

Collection Type:
Legal Materials
Country:
India
Creator:
India
Years:
2017, 2012, 2006, 1927

The Indian Legal System

Collection Type:
Legal Research Resources
Country:
India
Creator:
Srikrishna, B. N.
Year:
2008

India Protection of Human Rights Act

The original 1993 act creates national and state level commissions and human rights courts to protect human rights. The 2006 amendment makes specific changes to the original act.

Collection Type:
Legal Materials
Country:
India
Creator:
Parliament
Years:
2006, 1993

India Registration Act, 1908

This version includes amendments through 2001.

Collection Type:
Legal Materials
Country:
India
Creator:
India
Year:
1908

Innovations in land rights recognition, administration, and governance

Full citation: Deininger, K., Augustinus, C., Enemark, S., and Munro-Faure, P. (Eds.) (2010). “Innovations in land rights recognition, administration, and governance.” World Bank Publications. - This paper brings together a variety of studies on land rights. Chapter 4 in particular focuses on efforts to improve tenure security. One study in India examines whether changes in inheritance legislation impact the socioeconomic status of females, and found that when daughters were granted coparcenary birthrights in joint family property denied to daughters in the past, the amendment significantly increased the probability of females inheriting land. However, even after the passage of the amendment, significant bias against females persists. Another study in Ethiopia assesses the effects on the allocative efficiency of the land rental market of the low-cost approach to land registration and certification of restricted property rights that were implemented in Ethiopia from the late 1990s. Four rounds of balanced household panel data collected from 16 villages in northern Ethiopia are used. After controlling for endogeneity of land certification and unobserved household heterogeneity affecting land market participation, it was found that land certification enhanced land rental market participation of female landlord households. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
Multiple Countries, Ethiopia, India
Creator:
Deininger, K., Augustinus, C., Enemark, S., and Munro-Faure, P.
Year:
2010

Institutional Innovations Towards Gender Equity in Agrobiodiversity Management: Collective Action in Kerala, South India

Full citation: Padmanabhan, M.A. (2005). “Institutional Innovations Towards Gender Equity in Agrobiodiversity Management: Collective Action in Kerala, South India.” - This study compares two institutions of collective biodiversity management in Kerala, India. The traditional mechanisms of a scheduled tribe, the Kurichyas, are contrasted with the new institution of the People’s Biodiversity Register (PBR) under the local form of governance, the panchayat. Collective action is analysed for the core variables of reputation, trust and reciprocity. In the tribal institutions, traditional seed exchange rests on reputation and gender complementarities, which are eroded by a diminishing degree of trust and dissolving property rights for women and weakened by failing norms of reciprocity. The new institution of PBR threatens tribal women’s reputations and their knowledge by reducing it to a bureaucratic register, the disembodiment of knowledge into information reduces trust and unpredictable returns diminish reciprocity. A massive public investment in strengthening women’s capabilities for a transformation from conservers and users to advocates, managers and decision-makers regarding biodiversity might halt the loss. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
India
Creator:
Padmanabhan, M.A.
Year:
2005

Joint-titling—A Win-Win Policy? Gender and Property Rights in Urban Informal Settlements in Chandigarh, India

Full citation: Datta, N. (2006). “Joint-titling—A Win-Win Policy? Gender and Property Rights in Urban Informal Settlements in Chandigarh, India.” - This article explores the impact of joint titling of houses on women’s empowerment in urban informal settlements in Chandigarh, India. It finds that property rights increase women’s participation in decision making, access to knowledge and information about public matters, sense of security, self-esteem, and the respect that they receive from their spouses. Women display a higher attachment to their houses than men, especially after getting joint titles, because houses play a valuable role in fulfilling women’s practical and strategic gender needs. This increased attachment to the house helps reduce property turnover in regularized settlements, hence assisting the government in attainingits goals and making joint titling a win-win policy. [Threats to Women’s Land Tenure Security and Effectiveness of Interventions - Annotated Bibliography]

Collection Type:
Research Articles
Country:
India
Creator:
Datta, N.
Year:
2006