Black robes worn by family court judges, lawyers may cause fear in mind of children: CJI Surya Kant

Chief Justice of India (CJI) Surya Kant on Monday called for easing legal procedures at family courts, urging family courts to do away with black robes, which may cause fear in the mind of children who are often caught in the crosshairs of matrimonial disputes.

The CJI was speaking at a ceremony organised to commemorate the foundation stone laying of the Family Court Complex at Rohini in Delhi.

“Should the family courts have this black robes? Is it not going to create fear in the mind of the child? It is an idea that our presiding officers will not sit in court dresses, the members of the Bar will not come in black and white robes, police will also not come in police dress, because this entire environment creates a psycho fear in the mind of the children, particularly. They are the worst victims of any system.”

The CJI stated that family courts could be called "family resolution centers" instead.

“When we talk of the concept of the family court for resolving disputes like civil property disputes, it is meant to repair the human relationship. Why should we name them as 'courts'? Can't we say them as 'family resolution centers'?”

The CJI stated that family courts are unique since they deal with personal matters.

"The dispute before the family court carries a huge emotional, social and financial consequences that extend far beyond the immediate legal controversy. They are spaces where law meet human beings, human feelings...where legal principles must remain alive to the values of care," he stated.

Also in attendance were judges of the Supreme Court and the Delhi High Court. Several ministers were also present, most notably, Delhi Chief Minister Rekha Gupta. 

At the event, Delhi High Court Chief Justice Devendra Kumar Upadhyaya called for speedy and efficacious disposal of family court matters by creating more family courts.

“We need expeditious disposal as prolonged custody battles can have adverse impact on the children. There are women in urgent need of maintenance and such cases cannot be postponed. Family court matters are increasing at a rapid pace, which often leads to delays in disposal of such cases. Having additional courts for resolution of family disputes will give a fillip to the disposal of such matters expeditiously,” he stated. 

Supreme Court Justice Manmohan called for more infrastructure to support the justice delivery system. He stated,

“There is a real challenge with regard to infrastructure. We must appreciate that without infrastructure, how will people have access to justice? We need good infastructure so that the Bar and the Bench can deliver good results.”

Delhi High Court Justice Sanjeev Narula called for easing burden on courts and ameliorating the working conditions of the judges to enable them to discharge their duties more efficiently. 

“The working life of a judge is shaped just as much by the conditions that are less visible. The weight of the causelist, the length and the frequency of the working days, the hours devoted to daily orders and the preparation of the following day after court hours, the unrelenting public gaze under which the judges now discharge their duties and the emotional strain and serious adjudication, may tempt one to believe that the answers lie simply in asking more of the day.”

However, he cautioned that the strain of high disposal may come at a cost that is not immediately visible. He stated that mental composure of judges is the most important aspect of judging.

“A sound judicial atmosphere must be built. Beyond space, we must also concentrate and think about the conditions of work. Mental composure is not just incidental to judging, but is the most important aspect. The strength of the judiciary lies not only in the the quality of his judgments, but also in the conditions that makes those judgments possible, day after day, year after year.”

Delhi High Court Justice V Kameswar Rao stated that importance of a sound justice system and infrastructure cannot be undermined.

“Meaningful strides are being made towards reducing delays and dependency of cases. This commitment is shaping a judicial system that is more responsive to the needs of the people, deepening public trust in the rule of law and ensuring that justice is dispensed in a timely, fair and inclusive manner.”

[Read live coverage of the event]