The Chief Justice of India (CJI) Surya Kant on Tuesday called for easing legal procedures at family courts, urging them to do away with black robes, which may cause fear in the mind of children who are often caught in the crosshairs of matrimonial disputes. CJI also proposed renaming of family courts as family resolution centres.
The CJI was speaking at a ceremony organised to commemorate the foundation stone laying of the Family Court Complex at Rohini in Delhi. Apart from Chief Justice of India Surya Kant, Supreme Court judge Justice Manmohan along with Delhi High Court Chief Justice DK Upadhyaya, Justice Kameshwar Rao and Justice Jyoti Singh participated as special guests.The Chief Minister of Delhi Rekha Gupta and several ministers from the government also attended the ceremony.
“Should the family courts have these black robes? Is it not going to create fear in the mind of the child? It is an idea that our presiding officers will not sit in court dresses, the members of the Bar will not come in black and white robes, cops will also not come in police dress, because this entire environment creates fear in the mind of the children, particularly. They are the worst victims of any system.”
The CJI stated that family courts could be called 'family resolution centers' instead. “When we talk of the concept of the family court for resolving disputes like civil property disputes, it is meant to repair the human relationship. Why should we name them as 'courts'? Can't we say them as 'family resolution centers'?” The CJI stated that family courts are unique since they deal with personal matters.
"The dispute before the family court carries a huge emotional, social and financial consequences that extend far beyond the immediate legal controversy. They are spaces where law meet human beings, human feelings, where legal principles must remain alive to the values of care," he stated.
At the event, Delhi High Court Chief Justice Devendra Kumar Upadhyaya called for speedy and efficacious disposal of family court matters by creating more family courts. “We need expeditious disposal as prolonged custody battles can have adverse impact on the children. Having additional courts for resolution of family disputes will give a fillip to the disposal of such matters expeditiously,” he stated.
Supreme Court Justice Manmohan called for more infrastructure to support the justice delivery system. He stated,“There is a real challenge with regard to infrastructure. We must appreciate that without infrastructure, how will people have access to justice? We need good infastructure so that the Bar and the Bench can deliver good results.”
Delhi High Court Justice Sanjeev Narula called for easing burden on courts and ameliorating the working conditions of the judges to enable them to discharge their duties more efficiently. Delhi High Court Justice V Kameswar Rao stated that importance of a sound justice system and infrastructure cannot be undermined.
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