Mediation: An Answer To The Family Law Disputes In Rural India
- IJLLR Journal
- Jan 29
- 1 min read
Jaiverdhan Singh, Amity University, Noida
Astha Anupy, Amity University, Noida
Sonu Kumar, Amity University, Noida
ABSTRACT
This paper explores the integration of meditation as a primary mechanism for resolving family law disputes. It also emphasises the cultural and historical alignment with Hindu law. Originating from ancient sources like the Dharmashastra and Vedic policies, Hindu law has historically utilised meditation through community-led Kula tribunals to settle family conflicts.
However, the modern justice system consisting family court establish under the Family Court Act 1984, faces significant challenges, including a backlog of cases, and an average delay of 2 to 4 years.
Through primary data obtained from interviews with legal officers, sarpanch and rural residents of Bihar and Rajasthan, along with secondary resources like Daksh report, the paper highlights issues of financial burden on litigants and adverse affect of prolonged litigation on women as well as overall delay in justice.
The courts in Uttarakhand’s rural region are overburdened with pending cases, while a comparative study portrays a similar challenge to be existing in urban areas, with Gurugram reporting 13,100 pending cases in February 2025.
The paper proposes mediation as an effective tool by taking inspiration from international examples like Minnesota, where 67 per cent of the custody disputes were resolved outside the court.
In find a concrete solution for the disputes, meditation can be used, resulting in the reduction of the court’s burden, speedy resolution and inclusion of cultural sensitivity in outcomes. It can be a boon for the vulnerable people.
