An urgent need for justice and equity

The tragic incident of Atul Subhash, a Bengaluru-based technology expert who allegedly took his own life due to mounting stress caused by legal battles in family court, has sparked much debate on the fairness and effectiveness of India's judicial system ("The Family Court") in settling family disputes.

- SUKANTA CHAKRABARTY & DR. MAINAN RAY

While family courts were established to ensure faster and more amicable settlements, incidents like this highlight the inherent flaws that need to be addressed immediately.

The current legislation needs a review and the introduction of wide reforms to ensure equity for all stakeholders, especially in delicate marital issues.

Magnificent view as to the existing legal framework (Family Courts Act, 1984): Scaling on the Constitutional measures Family courts in India operate under the provisions of the Family Courts Act, 1984. The Act was enacted with the intent of promoting conciliation and speedy disposal of the cases related to marriage, child custody, and maintenance.

Section 9 of the Act mandates that the family courts shall make efforts to settle the disputes amicably before proceeding with the formal hearings.

The philosophy is to reduce contentious litigation and promote reconciliation as far as possible.

Despite these provisions, the reality often deviates from the ideal.

Cases that include allegations of dowry harassment, domestic violence, and maintenance cases sometimes become protracted legal battles that cause psychological and economic distress to both parties.

This has led to calls for urgent reforms that make the process easier and more just for all parties regardless of gender.

Moreover, it underscores the importance of the multifaceted aspects, including human dignity, of constitutional provisions such as art. 21.

The Hon'ble Supreme Court explicitly stated in Francis vs. Union Territory (1981) that the right to life encompasses the right to live with human dignity, a principle that appears to be violated by the family court in the victim's case.