Gunjan Nayyar, Jindal Global Law School, O.P Jindal Global University
ABSTRACT
The establishment of family courts in India was propelled by the rise of popularity of ADR methods around the world and the ratification of CEDAW. This was seen as a watershed movement in India’s legal history: a feminist victory bound to usher in a new era of justice that catered to ameliorating the inherent inequities ingrained in the traditional judicial system which created structural hurdles for women seeking justice. The family courts were unique in their functioning for they advocated mandatory mediation with a focus on reconciliation as one of the methods of removing the hurdles in women’s fight for justice. However, after almost 3 decades since the establishment of the first family court in India, the author looks back on the harms that have been inflicted on the institution of the family and women’s fight for justice by making family mediation aimed at reconciliation a mandatory requirement for seeking judicial relief. It is the author’s contention that such an implicit focus on preserving the institution of marriage is antithetical to the strides made by the women’s movement as it does not acknowledge the unique challenges faced by women in marital unions and is likely to push women into deeper violence, retaliation and uncertainty.
