(1) The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.
(2) The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees, referred to in sub-section (1), shall be such as may be specified by rules made by the State Government.
Simplified Explanation
Section 6 of the Family Courts Act, 1984 focuses on the administrative support necessary for the functioning of Family Courts, particularly through the appointment of counsellors, officers, and other employees. This section ensures that Family Courts have the necessary resources and personnel to effectively handle family disputes.
Key Provisions:
Subsection (1): Appointment of Counsellors, Officers, and Other Employees
- “The State Government shall, in consultation with the High Court, determine the number and categories of counsellors, officers and other employees required to assist a Family Court in the discharge of its functions and provide the Family Court with such counsellors, officers and other employees as it may think fit.”
- The State Government, in consultation with the High Court, is responsible for determining:
- The number of personnel (counsellors, officers, and employees) needed for the Family Court.
- The categories of staff required (e.g., legal officers, administrative staff, mental health professionals, or case managers).
- Based on this determination, the State Government will ensure that the Family Court has the necessary resources to perform its functions, such as case management, mediation, or providing emotional support to the parties involved.
- The State Government, in consultation with the High Court, is responsible for determining:
Subsection (2): Terms and Conditions of Service
- “The terms and conditions of association of the counsellors and the terms and conditions of service of the officers and other employees, referred to in sub-section (1), shall be such as may be specified by rules made by the State Government.”
- This provision empowers the State Government to establish the terms and conditions under which the counsellors, officers, and other employees will work in the Family Court.
- These terms and conditions could include their salary, working hours, duties, job descriptions, and employment benefits.
- The rules will provide a formal framework for the employment of these personnel, ensuring consistency and fairness in how they are treated.
Purpose and Impact:
- Counsellors: Family Courts often handle emotionally charged matters, such as divorce, child custody, and domestic violence. The inclusion of counsellors will help provide psychological support to the parties involved. These professionals can assist in mediation, resolving conflicts, and offering emotional support, which is crucial in family disputes.
- Officers: Officers may include legal officers, case managers, or clerks who assist in the day-to-day operations of the court. Their role would be critical in managing the administrative workload, ensuring the smooth functioning of the court, and assisting judges in managing cases effectively.
- Other Employees: Other staff may include support staff responsible for managing records, filing cases, and performing other essential administrative duties. Their presence ensures that the court operates efficiently.
By specifying the number and types of staff needed, this section aims to provide Family Courts with the resources required to address family disputes comprehensively, addressing both legal and emotional aspects.
Summary:
Section 6 ensures that Family Courts are equipped with sufficient counsellors, officers, and other employees to assist in handling cases effectively.
- The State Government, in consultation with the High Court, determines the necessary number and categories of staff.
- The terms and conditions of their service are specified through rules set by the State Government, providing a formal structure for their employment.
This section recognizes the importance of a well-supported Family Court system, where both legal and emotional support is readily available to facilitate the resolution of family disputes.
