Family dispute mediation can further harm women facing violence: SC judge Nagarathna
Headline by Prism · from 1 report
Supreme Court judge BV Nagarathna warns that mediation in family disputes may harm women experiencing violence or power imbalances.
Hindustan TimesThe brief
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- Supreme Court judge BV Nagarathna cautioned that mediation can traumatize women who are victims of violence or coercive control.
- She stated that mediation should not be a substitute for legal adjudication in these instances.
- The judge proposed attaching child psychologists to family court mediation processes to prioritize child welfare.
- She also recommended establishing dedicated geriatric mediation panels for cases involving senior citizens.
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BV Nagarathna
Supreme Court judge
3 quotes · 1 outlet
“I wish to emphasise that none of this applies where there is violence, coercive control or a serious imbalance of power. There, mediation is not merely inappropriate but could potentially be harmful or dangerous, and may result in further traumatisation.”
In the article
…allowing women to reach decisions on the return of stridhan, their children’s schooling and a lump-sum payment in place of instalments. But in cases where women are victims of violence and suppression, the judge said, “ I wish to emphasise that none of this applies where there is violence, coercive control or a serious imbalance of power. There, mediation is not merely inappropriate but could potentially be harmful or dangerous, and may result in further traumatisation. ” Justice Nagarathna, who is tipped to become the Chief Justice of India (CJI) in September next year, said, “Mediation is not meant to be substituted for adjudication and a woman’s bargaining position is worth…
“Mediation is not meant to be substituted for adjudication and a woman’s bargaining position is worth precisely what her legal entitlement is worth.”
In the article
…merely inappropriate but could potentially be harmful or dangerous, and may result in further traumatisation.” Justice Nagarathna, who is tipped to become the Chief Justice of India (CJI) in September next year, said, “ Mediation is not meant to be substituted for adjudication and a woman’s bargaining position is worth precisely what her legal entitlement is worth. ” She said that family courts were never intended to be spaces that encouraged adversarial actions but now function as civil courts merely under a different name. Looking at the pendency of cases in these courts, the…
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NamedIndia · B.V. Nagarathna · NV Anjaria · Supreme Court Committee for Family Court Matters · Supreme Court of India · Ujjal Bhuyan
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