The Role of Counselors in Family Courts in India: An Analysis of Their Functions, Challenges, and Reforms: Bharat mein Parivar Nyayalayon mein Paramarshdataon ki Bhoomika: Unke Karya, Chunautiyon evam Sudharon ka Vishleshan

Sarita Rajani; Dr. Rajvendra Kumar Chaudhary

doi:10.53724/jmsg/v11n4.03

Authors

Sarita Rajani Ph.D. Scholar, Mansarovar Global University Sehore, Madhya Pradesh, India. https://orcid.org/0009-0006-4461-3556
Dr. Rajvendra Kumar Chaudhary Associate Professor (Law) Mansarovar Global University Sehore, Madhya Pradesh, India.

DOI:

https://doi.org/10.53724/jmsg/v11n4.03

Keywords:

Family Courts, Counselors, Family Courts Act, 1984, Conciliation, Mediation, Family Justice, Women's Rights, Child Welfare

Abstract

The Family Courts Act, 1984 introduced a conciliation- and counseling-oriented approach for resolving family disputes, replacing the traditional adversarial judicial process. Counselors constitute a vital component of the family court system, entrusted with the responsibility of promoting reconciliation, facilitating the amicable settlement of disputes, safeguarding the interests of children, and assisting judges in understanding the social and psychological dimensions of family conflicts. This paper examines the role, functions, significance, and challenges of counselors in family courts. It also evaluates the shortcomings of the existing counseling mechanism and proposes recommendations for its improvement. The study concludes that although counselors have made a significant contribution to the resolution of family disputes, their effectiveness is constrained by inadequate training, a shortage of personnel, inconsistent appointment procedures, and insufficient institutional support. Therefore, comprehensive reforms are essential to ensure the effective realization of the objectives of family courts.

References

Agrawal, H. O. (2018). Family law in India (7th ed.). Central Law Publications.

Bajpai, A. (2017). Child rights in India: Law, policy, and practice (3rd ed.). Oxford University Press.

Diwan, P. (2021). Modern Hindu law (27th ed.). Allahabad Law Agency.

Family Courts Act, No. 66 of 1984, India Code (1984). Government of India. https://legislative.gov.in

Government of India. (1984). The Family Courts Act, 1984 (Act No. 66 of 1984). Ministry of Law and Justice. https://legislative.gov.in

Government of India. (1984). The Family Courts Act, 1984. Ministry of Law and Justice. https://legislative.gov.in

Jain, M. P. (2022). Indian constitutional law (9th ed.). LexisNexis.

Kaushik, A. (2019). Family counseling and dispute resolution in family courts: An emerging perspective. Indian Journal of Social Work, 80(3), 321–336.

Law Commission of India. (1974). Fifty-ninth report on the Hindu Marriage Act, 1955 and special marriage act, 1954. Government of India.

Law Commission of India. (1974). Fifty-ninth report on the Hindu Marriage Act, 1955 and Special Marriage Act, 1954. Government of India.

Law Commission of India. (1988). 129th report on urban litigation—Mediation as an alternative to adjudication. Government of India.

Paras Diwan, & Peeyushi Diwan. (2020). Family law: Law of marriage and divorce in India (12th ed.). LexisNexis.

Rao, M. S. A. (2018). Urban sociology in India. Orient BlackSwan.

Singh, A. (2021). Role of counselors in family dispute resolution: A socio-legal analysis. Journal of Indian Law and Society, 12(2), 85–102.

Supreme Court of India. (2003). Salem Advocate Bar Association v. Union of India, (2003) 1 SCC 49.

Supreme Court of India. (2017). K. Srinivas Rao v. D. A. Deepa, (2013) 5 SCC 226.

United Nations Children's Fund. (2021). The state of the world's children 2021: On my mind—Promoting, protecting and caring for children's mental health. UNICEF. https://www.unicef.org

United Nations. (1989). Convention on the Rights of the Child. United Nations. https://www.ohchr.org

Verma, S. K., & Sharma, R. K. (2018). Counseling services in family courts: Challenges and prospects in India. Indian Journal of Socio-Legal Studies, 5(1), 45–58.