The Family Court Laws | Gist of Rajya Sabha TV / RSTV (now Sansad TV) - UPSC PDF Download

Introduction

The Family Courts Act which allows state governments to establish Family Courts. Such Courts are established to promote conciliation, and secure speedy settlement of disputes relating to marriage and family affairs.

2022 Amendment

• The Family Courts (Amendment) Billwas introduced and the Bill amends the Family Courts Act, 1984.  The Act allows state governments to establish Family Courts.
• The central government is empowered to notify dates for the Act to come into force in different states.
• The governments of Himachal Pradesh and Nagaland have set up Family Courts in their states under the Act.  However, the central government has not extended the application of the Act to these states.

Application of Act in Himachal Pradesh and Nagaland:

• The Bill seeks to extend the application of the Act to the state of Himachal Pradesh, with effect from February 15, 2019, and to the state of Nagaland, with effect from September 12, 2008.
• The establishment of Family Courts in both the states will be retrospectively valid from these dates.
• All actions taken under the Act in both the states, including the appointment of judges, and orders and judgments passed by the Family Courts, will also be deemed to be valid from these dates retrospectively.

Family Courts Act 1984

• Establishment of Family Courts:
  • The Family Courts Act, 1984 was enacted for the establishment of Family Courts with a view to promote conciliation, and secure speedy settlement of disputes relating to marriage and family affairs and for related matters.
• Appointment of Judges:
  • The State Government may, with the concurrence of the High Court, appoint one or more persons to be the Judge or Judges of a Family Court.
• Association of Social Welfare Agencies:
  • The State Government may provide with a Family Court of:
    • Institutions or organizations engaged in social welfare.
    • Persons professionally engaged in promoting the welfare of the family.
    • Persons working in the field of social welfare.
    • Any other person whose association with a Family Court would enable it to exercise its jurisdiction more effectively in accordance with the purposes of this Act.

Has the time come now for shared responsibility?

• Our society is changing so fast and the law came in 1984.
• Family dynamics has changed.
• The way both wife and husband look at each other has changed.
• Women have become more economically independent.
• Definition of Division of labour has changed.
• Patriarchal mindset of society are strengthened by such laws.

Way Forward

• We need to have Gender Neutral Lawas law commission has suggested.
• The laws also have to be time-friendly.
• Shared parentingwithin the law
• Child-centric focushas to be maintained.
• Rights of the child should be respected
• India being heterogeneous society and one law will not be applicable to all sections of the societies so proper work should be done in this regard.