Law Minister Kiren Rijiju Introduces Family Courts (Amendment) Bill 2022 in LS
GG News Bureau
New Delhi, 18th July. On Monday, a bill was introduced in Lok Sabha to grant statutory cover to family courts established in Himachal Pradesh and Nagaland and to retrospectively legitimize all actions conducted by them.
The Bill was introduced in the lower house by Law Minister Kiren Rijiju amid protests from opposition members on issues such as rising inflation and the Agnipath military recruiting plan.
The Family Courts Act was enacted in 1984 to establish family courts in order to encourage conciliation and ensure the prompt resolution of conflicts concerning marriage and family issues. There are 715 family courts in the nation, spread among 26 states and union territories.
Through notifications issued by the respective state governments, two family courts were formed in Nagaland in 2008 and three in Himachal Pradesh in 2019.
Last year, the issue of family courts’ lack of jurisdiction in Himachal Pradesh came to the fore during hearings before the Himachal Pradesh High Court.
Another appeal filed in the Himachal Pradesh High Court claimed that the national government had not issued any notice extending the Family Court Act to Himachal Pradesh, and that the state government directions to establish such courts lacked legal jurisdiction.
Nagaland’s family courts have also been operating without legal jurisdiction since 2008.
“As the Family Courts in the states of Himachal Pradesh and Nagaland are functional ever since the date of their establishment and all actions taken by the state government as well as the Family Courts are required to be validated and saved, it is proposed to amend the said Act,” read the Statement of Objects and Reasons of the Bill introduced by Rijiju on Monday.
The Family Courts (Amendment) Bill seeks to insert a provisio in sub-section 3 of section 1 to provide for the establishment of Family Courts in Himachal Pradesh with effect from the February 15, 2019 and in Nagaland with effect from the September 12, 2008.
The Bill also seeks to insert a new section 3A to retrospectively validate all actions under the said Act taken by the governments of Himachal Pradesh and Nagaland and the Family Courts of those states.
The establishment and operation of family courts is the responsibility of state governments in conjunction with the various high courts.
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