Topic: Separation of powers between various organs; dispute redressal mechanisms and institutions.
2) Sharia courts as an alternative dispute redressal mechanism, respond to the decline of the civil justice system, and address the needs of the poor. Critically analyze.(250 words)
Why this question
AIMPLB has recently received applications to open several Darul Qazas (Sharia courts) across India. Some of these applications have been approved. The SC has also given a ruling on these courts. This makes it is an important issue to delve upon.
Key demand of the question.
The question wants us to dig deep into the issue of shariah courts and bring out whether they are a legal and an effective alternative dispute redressal mechanism which respond to the decline of the civil justice system, and address the needs of the poor. We have to see both the advantages/ strength as well as limitations of these courts. Thereafter it wants us to form a personal opinion on the issue.
Critically analyze- We have to dig deep into the issue and bring out the positive points/ advantages/ strengths as well as negative points/ disadvantages/ limitations. Based on our discussion we have to form a personal opinion on the issue.
Structure of the answer
Introduction – mention the historical existence and form of the shariah courts and then mention the British response of incorporating these courts followed by developments in 1817. Also mention the SC ruling on these courts and its verdict.
- Discuss the positive aspects of the shariah courts. E.g an effective and cheap alternative dispute resolution mechanism; high compliance rates of decisions made by shariah courts; more accessible to women; speedy process etc.
- Discuss the limitations/ negative points. E.g low representation of women; unnecessary projection of decrees as having as divine sanction; politicization of the issue.
Conclusion- form a fair and a balanced conclusion on the overall issue of shariah courts and write a few lines as to what should be done further in this regard.