Supreme Court Judge Nagarathna Warns on Risks of Family Dispute Mediation for Women Facing Violence
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TL;DR
- SC judge BV Nagarathna warned that family mediation can harm women facing violence or coercive control.
- She suggested mediation should not replace adjudication where serious power imbalances exist.
- Proposed reforms include child-inclusive mediation and specialized support units in family courts.
Overview
Supreme Court judge BV Nagarathna cautioned against using mediation in family disputes involving violence, coercive control, or significant power imbalance. Speaking at a regional conference, she highlighted the potential for further harm to women under such circumstances. Justice Nagarathna also discussed reforms in mediation for child custody and elderly care, emphasizing the need for trained professionals and better support structures in Indian family courts.
What Happened
Supreme Court judge BV Nagarathna addressed a regional conference and cautioned that mediation in family disputes may further traumatize women who are victims of violence, coercive control, or power imbalance.
She stressed that mediation cannot substitute formal adjudication in cases involving violence, and emphasized the importance of a woman's bargaining position being equivalent to her legal rights.
Justice Nagarathna recommended child-inclusive mediation in custody and visitation disputes, suggesting the involvement of qualified child psychologists during the mediation process.
She also proposed permanent counseling and mediation units with psychologists and social workers in all family courts, and outlined the need for specialized geriatric mediation panels for elderly-related cases.
Context
Justice BV Nagarathna is a sitting Supreme Court judge and Chairperson of the Supreme Court Committee for Family Court Matters.
India has over 820 family courts, with mediation commonly used to resolve family and custody disputes.
The increasing pendency of family cases and concerns over adversarial litigation have led to calls for more effective and sensitive ADR mechanisms.
Why It Matters
- The remarks spotlight the limitations and risks of mediation in cases involving domestic violence and underline the need for safeguards.
- Recommendations from Justice Nagarathna may influence future policy reforms and best practices in Indian family courts.
- The call for specialized professionals in mediation could lead to systemic changes in handling child custody and elderly care disputes.