Domestic disputes: Sensitisation of family court judges essential, says SC judge

Justice Mushir Alam appreciates role of judges as ‘ social reformers’, ‘peace brokers’.

Family court judges need to step away from conservatism, shed off their prejudices on any ground, and realise the sensitivity of the matter to not only protect the rights of victims but also the institution of family. 

This was stated by Supreme Court Justice Mushir Alam while speaking as the chief guest at the certificate-awarding ceremony at the conclusion of a one-week training course on “Management of Family Cases” for judges of family courts. The course ceremony was held at the Federal Judicial Academy on Saturday.

Lauding the role of the family court judges, Alam said judges were performing the role of social reformers and peace brokers between estranged spouses and helping resolve complex cases.

Regarding the institution of family, he said, “It is the basic unit of a human society. The integrity of the family bond must be constantly considered, and the rights of the individual members must not be transgressed at any cost.”

Lamenting unfair customary practices and traditions against women in the society, the justice said, “Most customary practices and traditions in certain parts of the country are incredibly discriminatory against women.”

He said, “An effective revamping of the family law and capacity-building of the family court system is imperative to promote accessible, effective and timely justice to estranged spouses who appear to be on the verge of a breakup once and for all.

“Every possible effort should be made to prevent them from a breakup…for the sake of [the] children and their better future, which is not possible in broken families,” he commented.

In his welcome speech and overview of the training course, the academy’s head, Dr Faqir Hussain, said discrimination on the basis of gender had no place in modern society. He said all civil and criminal issues in family cases required careful handling and expeditious resolutions.

Hussain also urged family court judges to be conversant with the new amendments, best global practices for amicable settlement of family cases as well as technological developments.

Published in The Express Tribune, September 7^th, 2014.