Family Courts Act, 1984

The Family Courts Act, 1984 provides for the establishment of Family Courts by the State Governments in consultation with the High Courts with a view to promote conciliation and secure speedy settlement of disputes relating to marriage and family affairs. 

Objectives behind Family Courts

• To establish a dedicated court that will solely address family-related issues, enabling the court to have the necessary knowledge to handle these cases efficiently. 
• To create a system for resolving disputes concerning family relationships. 
• To offer an affordable solution. 
• To maintain flexibility and an informal setting during the proceedings.

Reasons for establishing Family Courts

• To remove family-related cases from the overwhelming environment of standard courts and foster a supportive setting for issues like marriage, divorce, alimony, and child custody. 
• To address the backlog of cases by enhancing the system’s efficiency, equipping courts with counselors and psychologists to ensure that, while legal matters are addressed, the emotional and psychological aspects are also considered.

Key Features of Family Courts

• Family Courts are set up by State Governments in collaboration with the High Courts. It is compulsory to have a Family Court in every city or town with a population exceeding one million.
• It is obligatory for Family Courts to ensure in the first instance to effect a reconciliation or a settlement between the parties to a family dispute. The atmosphere is kept informal in these meetings.
• Initially, matters in Family Courts are referred for conciliation, with court trials commencing only if conciliation fails to resolve the issues. There exists only one right of appeal, which can be directed to the High Court.
• Cases are kept away from formal court settings that could be distressing for families and may entail reputational and financial consequences. 
• Social welfare agencies, counsellors, etc., can be associated with the courts. It can also include the service of medical and welfare experts.
• Rules of evidence and procedure are simplified for courts to function effectively as the disputes are often personal and need a sensitive approach. 

Gram Nyayalayas

Gram Nyayalayas, or village courts, are established under the Gram Nyayalayas Act of 2008 to facilitate swift and accessible justice in rural areas of India. This was enacted following Article 39-A, which mandates providing free legal assistance to the underprivileged and marginalized sections of society.

Features of Gram Nyayalayas

• Establishment:Gram Nyayalayas are to be created for each Panchayat at the intermediate level in a district, or for a cluster of adjoining Panchayats where there is no such intermediate Panchayat in any State.
• Composition: Each Gram Nyayalaya is led by a Nyayadhikari, who holds similar powers and receives the same salary and benefits as a Judicial Magistrate of First Class. The State Government, in conjunction with the relevant High Court, appoints the Nyayadhikari.
• Procedure: Gram Nyayalaya follows a summary procedure in criminal trials to effectuate speedy justice delivery. It follows special procedures in civil matters, in a manner that it deems just and reasonable in the interest of justice. The Gram Nyayalaya is not constrained by the evidentiary rules outlined in the Indian Evidence Act of 1872 but adheres to the principles of natural justice and any rules established by the High Court.
• Conciliation: Gram Nyayalayas are required to attempt to resolve disputes by promoting conciliation among the parties involved, utilizing conciliators for this purpose. 
• Jurisdiction: Gram Nyayalayas possess both civil and criminal jurisdiction over offenses. Their jurisdiction over specified areas is determined by a notification from the State Government, in consultation with the respective High Court. The pecuniary limits for Nyayalayas are set by the respective High Courts, which can also transfer appropriate cases from district courts to the Gram Nyayalayas.
• Appeals from the cases: In criminal matters, an appeal can be made to the Court of Session, while in civil cases, it should be directed to the District Court. In both scenarios, the appeal must be heard and resolved within six months from the filing date.

The establishment of Gram Nyayalayas has been a significant step towards ensuring access to justice for all citizens of India, especially those in rural areas. These courts have brought justice to the doorstep of the people and have made the legal system more accessible, affordable, and efficient. However, there is still a long way to go in terms of increasing the awareness and utilisation of these courts, addressing the infrastructure and resource issues, and ensuring the speedy disposal of cases. Therefore, it is essential to strengthen and expand the Gram Nyayalayas to ensure that justice is accessible to all, irrespective of their socio-economic status or geographic location.