Bill retrospectively validates Family Courts in Himachal Pradesh and Nagaland

It aims to cure a legal defect where the Central Government had not issued the required notification to bring the Act into force in these two states, despite the courts having been established by the state governments.

Who it concerns: Family Courts, judges, and administrative bodies in the states of Himachal Pradesh and Nagaland; individuals and entities involved in legal proceedings before these courts; the Central Government and State Governments of Himachal Pradesh and Nagaland.

What the bill does

• Inserts a proviso in Section 1(3) of the Family Courts Act, 1984, deeming the Act to have come into force in Himachal Pradesh on 15 February 2019 and in Nagaland on 12 September 2008.
• Inserts a new Section 3A to validate the establishment of Family Courts in Himachal Pradesh and Nagaland as if the required Central Government notification had been issued on those dates.
• Deems all actions, appointments, duties, rules, notifications, and proceedings done by the State Governments and Family Courts in Himachal Pradesh and Nagaland prior to the commencement of this Amendment Act to be valid.
• Deems all orders of appointment, posting, promotion, or transfer of judges in these states made prior to the Amendment Act to be valid.
• Deems all powers exercised, functions performed, matters dealt with, and orders, judgments, decrees, or sentences passed by Family Courts in these states prior to the Amendment Act to be valid.

Also in the document

• The Bill is a retrospective validation measure, meaning it applies to actions taken before the law was passed.
• The Statement of Objects and Reasons cites a pending High Court case (Omkar Sharma Versus State of Himachal Pradesh) challenging the jurisdiction of Family Courts in Himachal Pradesh due to the lack of a Central Government notification.
• As of April 2022, there were 715 Family Courts functioning in 26 States and Union Territories, including three in Himachal Pradesh and two in Nagaland.