Manickchand calls for speedier implementation of Family Court

May 26, 2009 News

…believes specific High Court Judge could suffice in interim

Minister of Human Services and Social Security Priya Manickchand

Minister of Human Services and Social Security, Priya Manickchand, during a recent debate in the National Assembly on the Children’s Bill said that there are several pieces of legislation being debated and passed that will require the services of a family court dedicated to disposing of such matters efficaciously.
Manickchand told the House, “The governing party with its usual vision, anticipated and expressed a commitment in its 2006 manifesto to establish a family court.” The government has evidenced its commitment to establish the family court by approving last year, at the level of the Cabinet, the establishment of such a court.
The actual establishment, Manickchand told the National Assembly, is now dependent on the administration of justice. She expressed the hope that those arrangements be made with dispatch.
According to Manickchand, family matters are already being dealt with in the High Court but there should be the assigning of a specific Court to deal with family related matters. Manickchand told the National Assembly that she is not of the view that the country needs to wait on the actual construction of a separate building before the court can begin sitting and hearing matters.
This, she said, would be a step in the right direction, given that money has already been allocated for the construction of such a court. This was mentioned by the Finance Minister Dr Ashni Singh during his 2009 Budget presentation.
Matters to be dealt with in the proposed family court, according to Manickchand, include but is not limited to the dissolution of marriages, breach of contract of marriage, alimony and maintenance orders for deserted spouses, proceedings under the Married Persons Property Act and under the Family and Dependants Provision Act as well as any proceedings under the recently approved Adoption of Children Bill as well as Protection of Children Bill among others.
The allocation of funds for such a court is contemplated against the background of the wider Justice Sector Reform Strategy which is aimed at improving the justice sector and the services it provides.
According to Manickchand, family matters in the High Court take just as long as some other cases, and even longer than many.
She added that it is an even more horrendous situation in that the lengthy time a matter takes to be disposed of presents much hardship and danger to the litigants who in most cases are women and children.
The establishment of a Family Court will result in more speedy, sensitive and effective resolution of matters involving the family.
According to Manickchand, the establishment of such a court should see the persons on the bench being a Judge vested with the same authority of that of a High Court Judge.
Manickchand said that the maximum number of judges may be prescribed from time to time by order of the President, but she was confident that his decision would be conducive to the reality in the judicial system as it relates to the amount of cases before the court as well as the average amount of family related cases filed each year, balanced with our resources as a country.
The Minister added, too, that a unique opportunity has also presented itself with the legislation approved for the use of audio/visual and research has shown that sex offences courts with the special feature result in more equitable justice with more convictions being obtained.
She added that the Sexual Offences Bill is in its final draft and will be tabled in the National Assembly shortly and that piece of legislation provides for the usage of the audio/visual features.