As per Lawkidunya, The Family Courts (Amendment) Act, 2015, has had a significant impact on the administration of justice in family cases in Pakistan. Some of the key impacts of the Act are:
Positive of Family Courts (Amendment) Act
1. Improved Access to Justice: The Act has increased access to justice for families, particularly women and children, by providing for the establishment of family courts in each district.
2. Efficient Disposal of Cases: The Act has streamlined the procedure for filing and hearing family cases, reducing delays and improving efficiency.
3. Protection of Women’s and Children’s Rights: The Act has strengthened the protection of women’s and children’s rights in family cases, including their right to maintenance, custody, and inheritance.
4. Promotion of Mediation and Conciliation: The Act has promoted mediation and conciliation as a means of resolving family disputes, reducing the burden on courts.
5. Increased Transparency and Accountability: The Act has increased transparency and accountability in family courts, with the introduction of new procedures and safeguards.
Challenges and Limitations of Family Courts (Amendment) Act
1. Limited Resources: Family courts continue to face challenges due to limited resources, including inadequate infrastructure and staffing.
2. Resistance from Conservative Groups: The Act has faced resistance from conservative groups who argue that it goes against Islamic principles.
3. Limited Awareness: Many people, particularly in rural areas, remain unaware of the Act and its provisions.
4. Implementation Challenges: The Act’s implementation has been slow in some areas, with some family courts struggling to adapt to the new procedures.
Future Directions of Family Courts (Amendment) Act
1. Increased Funding and Resources: Family courts require increased funding and resources to improve infrastructure and staffing.
2. Awareness and Education: There is a need for increased awareness and education about the Act and its provisions, particularly among rural communities.
3. Training for Judges and Staff: Judges and staff require training on the new procedures and safeguards introduced by the Act.
4. Monitoring and Evaluation: The government should establish a monitoring and evaluation mechanism to assess the Act’s implementation and impact.
