(a) whether the Government are aware that there is no uniformity amongst the States in regard to qualification, tenure, method of appointment and remuneration paid to the Counsellors serving the Family Courts;
(b) if so, the reasons therefor; and
(c) the steps taken to ensure that educational qualifications, tenure, remuneration paid to counsellors serving the family courts is uniform in all the States?
MINISTER OF LAW AND JUSTICE (SHRI K. JANA KRISHNAMURTHI)
(a) Yes, Sir.
(b)&(c) In accordance with the Family Courts Act, 1984, the rules regarding qualification, tenure, method of appointment and remuneration paid to the Counsellors are framed by the State Government in consultation with the respective High Court. The main reason for the diversity may be the different local conditions. Since the Family Courts have been set up by different States at different times, there is a possibility that the remuneration etc. would have been fixed taking into account the prevailing circumstances in that State at that time.
Based on the recommendations made by the Parliamentary Committee on Empowerment of Women in its Fifth Report on Functioning of Family Courts, Model Rules under Section 23 of the Family Courts Act, 1984 were formulated by a Committee appointed by the Department of Justice consisting of representatives of State Governments. These Model Rules have since been circulated to all State Governments, UT Administrations and High Courts for guidance to ensure uniformity, inter-alia, in matters of educational qualifications, tenure, remuneration paid to counsellors etc.