Amid protests, Rajya Sabha passes family courts Bill

As the Bill was being introduced by Union Minister for Law and Justice Kiren Rijiju, Congress MP Jairam Ramesh tried to raise a point of order but it was denied by Deputy Chairman Harivansh Narayan Singh, who said a point of order can be raised only “in relation to the business of the House at the moment”.

A point of order is essentially an objection that the proceeding is in violation of a rule of the House.

TMC MP Derek O Brien said that subject to the Constitution and rules of Parliament, every member has the freedom of expression. In response, Union Minister Bhupendra Yadav said, “The members have freedom of speech. The Constitution does not give freedom of ‘hungama’.”

Discussing the Bill, BJP MP Saroj Yadav said that western concepts were slowly encroaching on Indian values, especially in family-related issues.

“We need more family courts to ensure that matrimonial cases are addressed faster. We need to protect Indian culture. One of the Western concepts that we often hear about is same-sex marriage. This is against Indian culture,” she said.

Law Minister Rijiju said there are currently 715 family courts in 26 states and Union Territories across the country, including in Himachal Pradesh and Nagaland, the two states where the Bill seeks to extend legal backing to courts already existing.

“If we did not bring a legislation to extend statutory powers to three family courts in Himachal Pradesh and two family courts in Nagaland, thousands of pending cases would be affected,” the minister said.

According to the non-profit PRS, the establishment of family courts in the two states will be retrospectively valid and all actions taken under the Act, including the appointment of judges, and orders and judgments passed by the courts, will also be deemed to be valid from these dates retrospectively.

The minister said he has also appealed to district judges of the country to ensure that matrimonial disputes are decided swiftly. “In India, a marriage is not just about individuals but about communities. There should be a family court in every district in the country,” he said.