SRINAGAR: The Union Territories of Jammu and Kashmir and Ladakh face significant shortcomings in their family court systems, with Jammu and Kashmir having only four family courts and Ladakh lacking any such facility. This highlights a pressing need to strengthen judicial infrastructure in these regions to ensure effective resolution of disputes concerning marriage and family affairs.
The Family Courts Act, 1984 mandates the establishment of family courts by State Governments in consultation with their respective High Courts. The primary aim is to promote conciliation and ensure the swift settlement of disputes related to marriage and family matters. According to Section 3(1)(a) of the Act, it is obligatory to set up a family court in any city or town with a population exceeding one million. For other areas, family courts may be established at the discretion of the State Government.
The efficient functioning of family courts depends on several factors, including the availability of sufficient judges, judicial officers, and trained counsellors, as well as adequate physical infrastructure. Despite the Central Government’s efforts to expedite case resolution, as mandated by Article 21 of the Constitution, the situation in Jammu and Kashmir and Ladakh underscores the need for further action.
The government has implemented several initiatives to enhance the efficiency of family courts across India. The National Mission for Justice Delivery and Legal Reforms, launched in 2011, focuses on reducing delays and improving accountability in the judicial system. Efforts under this mission include better infrastructure for courts, computerisation, and capacity building of judicial officers. As of 2023, 18,735 district and subordinate courts across India have been digitised, and video conferencing facilities have been integrated into 3,240 court complexes to enable virtual hearings. However, these advancements are yet to be fully realised in regions like Ladakh, which has no family court infrastructure.
The absence of family courts in Ladakh and the limited number in Jammu and Kashmir exacerbate the challenges faced by litigants. Families often have to travel long distances for hearings, adding financial and logistical burdens to their already stressful situations. Moreover, delays in resolving cases related to child custody, visitation rights, and financial support prolong emotional distress and conflict.
To address these issues, the government has emphasised the importance of establishing sufficient infrastructure and appointing specialised judges trained in family law. Sensitisation of judges and court staff, coupled with gender sensitivity training, has been highlighted as critical to ensuring fair and unbiased proceedings. The appointment of women judges and counsellors is also seen as a potential step toward improving the effectiveness of family courts.
The government has repeatedly urged States and Union Territories to address these gaps. In July 2023, the Union Minister of Law and Justice wrote to the Chief Ministers and Chief Justices of High Courts, advocating for better infrastructure and resources for family courts.
