Justice BV Nagarathna Warns Against Mediation in Domestic Violence Cases
· India · Hindustan Times, The Guardian
Supreme Court judge Justice BV Nagarathna stated that mediation in family disputes can be harmful for women who are victims of violence, coercive control, or power imbalances. Speaking at a conference in Guwahati, she argued that mediation cannot replace legal adjudication in cases where a woman's bargaining position is compromised. While acknowledging that mediation offers privacy and speed, the judge emphasized that these benefits do not apply when power dynamics are skewed by abuse. She further proposed that child custody disputes should focus on creating a mediated parenting plan supported by qualified child psychologists rather than adversarial legal battles.
Why it matters
The guidance directly impacts how family courts handle domestic violence cases, potentially shifting judicial focus away from mediation toward formal adjudication to protect vulnerable women and children.
Read the original report — Hindustan Times
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