Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts

The Kerala High Court has suggested introducing child-friendly rooms in all Family Courts in the State after finding that they were operating with inadequate infrastructure and facilities. The Court thereby directed the Registrar of the District Judiciary to submit a report on the number of POCSO Courts functioning in the near vicinity of all Family Courts and to explore the possibility of dedicating a separate room in all the Family Courts,.

A Division Bench of Justice A Muhamed Mustaque and Justice C.S Dias observed that the congested and overcrowded premises often scar young children who are forced to visit the courts with an averse idea of the justice delivery system in the country. 

"It is a known matter that most of the Family Courts are functioning in leased premises without adequate infrastructure and facilities. There is not even a waiting room for the children who are brought to the Courts for providing access, visitation rights and interim custody to their parents. In a few Family Courts, the children and the parties are seen standing in jam-packed corridors and even on the roads for the whole day. The congested Courts and the overcrowded premises, in fact, stares at the young minds, who develop negative notions regarding the justice delivery system in the Country."

The Bench made the observation while considering a batch of petitions after Advocate R. Leela, who practices regularly before Family Courts, pointed out the "pathetic condition" prevailing at these courts.

The Court noted that POCSO courts have dedicated child-friendly places where the surroundings are made conducive in the best interest of children. The Bench wondered if a similar set-up could be introduced in family courts as well and thereby called for a report from the Registrar of the District Judiciary about the possibility of such an endeavour. 

"We deem it appropriate to call for a report from the Registrar (District Judiciary) as to the number of POCSO Courts functioning in the near vicinity of the Family Courts in the State and to explore the possibility of dedicating a separate room in all the Family Courts, with a child friendly atmosphere somewhat akin to the POCSO Courts, to facilitate the handing over of the children, and for the parents to exercise their interim custody and visitation rights."

The Bench also noted that in most of the petitions in the case, the Family Courts were not following the directions issued by the High Court in Shiju Joy v Nisha especially pertaining to the speedy disposal of the Interlocutory Applications in a time-bound manner. 

Therefore, the Registrar (District Judiciary) was also directed to inform all the Presiding Officers of the Family Courts to strictly follow the directions issued by the High Court, and to dispose of the Interlocutory Applications filed in all cases in a time-bound manner.

The matter will be taken up for further consideration on July 29.

Citation: 2022 LiveLaw (Ker) 311

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