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Rajya Sabha passes Family Courts (Amendment) Bill, 2022

GS paper 2

Syllabus: Parliament-Structure, functioning and conduct of Business, Family Courts Act etc

 

Direction: UPSC may ask about appointment of judge in family court and provisions of Family courts Act etc

Source: The Statesman, The Hindu

 Context:

  • The Rajya Sabha on Thursday passed the Family Courts (Amendment) Bill, 2022 by voice vote.
  • The Bill makes a provision to grant statutory cover to family courts set up in Himachal Pradesh and Nagaland.

 

Key Amendments:

  • Sub-section 3 of section 1: The Bill seeks to insert a provision in sub-section 3 of section 1 to provide for the establishment of family courts in Himachal Pradesh with effect from February 15, 2019 and in Nagaland with effect from September 12, 2008.
  • Section 3A: It also seeks to insert a new section 3A to retrospectively validate all actions under the act taken by the governments of Himachal Pradesh and Nagaland and the family courts of these states.
  • Retrospective effect: The establishment of Family Courts in both 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.

 

Practice Questions:

Q. The Central Administrative Tribunal which was established for redressal of grievances and complaints by or against central government employees, nowadays is exercising its powers as an independent judicial authority.” Explain(UPSC 2019)

With reference to family courts, consider the following statements:

    1. They deal with disputes related to marriage and other family issues.
    2. 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.

Which of the statements given above is/are correct?

a. 1 only

b. 2 only

c. Both 1 and 2

d. Neither 1 nor 2

Ans: (c)

Justification:

Refer to table above