CA-20260926-6905High Exam Priority
Justice Nagarathna Advises Mediation to Reduce Family Court Backlog
26 September 2026
4 min read
Supreme Court judge Justice B.V. Nagarathna advocated for the increased use of mediation and conciliation in family litigation during a regional conference in Guwahati. The initiative aims to address prolonged court delays that often erode familial bonds and deepen societal inequalities.
Key Highlights
- As of October 2024, Department of Justice data indicates there are 822 functioning family courts across India, dealing with massive pendency rates.
- Among eastern States, Bihar recorded the highest backlog with 70,365 pending cases, followed by Odisha (36,792) and Jharkhand (15,376).
- The Eastern Zone Regional Conference was organized by the Supreme Court’s Committee for Family Court Matters in association with the Gauhati High Court.
- Justice Nagarathna emphasized a 'consolidated referral' approach to efficiently handle overlapping legal disputes involving domestic violence and elder welfare.
Exam Quick Facts
Nodal Ministry / Dept
Ministry of Law and Justice (Department of Justice)
Key Bodies
Supreme Court Committee for Family Court Matters, Gauhati High Court, National Legal Services Authority (NALSA)
Constitutional & Legal Context
Family Courts Act, 1984; Mediation Act, 2023; Article 39A (Equal justice and free legal aid) of the Constitution of India.
Static GK Connection
The concept of Alternative Dispute Resolution (ADR) encompasses arbitration, conciliation, judicial settlement, and mediation, formally recognized under Section 89 of the Code of Civil Procedure, 1908.
In-Depth Editorial & Exam Analysis
The advocacy for Alternative Dispute Resolution (ADR) in family law matters highlights a critical judicial bottleneck in India's legal system, where protracted litigation often destroys the emotional fabric of families. Prolonged court battles not only escalate financial and psychological stress on litigants but also render final judgments ineffective as familial ties are permanently severed over years of adversarial proceedings. Institutionalizing mediation and conciliation provides a private, confidential, and less adversarial mechanism, aligning with global best practices in family jurisprudence.
From an operational standpoint, the heavy concentration of pending cases in states like Bihar, Odisha, and Jharkhand underscores the acute infrastructural deficit and regional disparities in case management. The Supreme Court's Committee for Family Court Matters is actively pushing for structural reforms, including the 'consolidated referral' model to handle multi-faceted disputes such as overlapping domestic violence, maintenance, and senior citizen protection claims simultaneously, preventing fragmented and contradictory judicial outcomes.
Scaling up ADR mechanisms requires comprehensive capacity building, judicial training, and public awareness campaigns to shift public perception away from litigation as the default recourse. While the Family Courts Act, 1984 mandates early settlement efforts, rigorous enforcement and institutional integration of pre-litigation mediation are essential to achieve meaningful reduction in judicial backlogs and ensure prompt, humane justice delivery.