Author: Chakshu Jain, NMIMS, Chandigarh

INTRODUCTION

The stability and prosperity of any society depends upon the institution of marriage and family. The definition of marriage under the Black Laws Dictionary is “legal status, condition, or relation of one man and one woman united in law for life, or until divorced”. The Justice Bela M Trivedi also emphasis the significance of institution of marriage in society, stating “One should not be oblivious to the fact that the institution of marriage occupies an important place and plays an important role in society. Despite the increasing trend of filing the divorce proceedings in the courts of law, the institution of marriage is still considered to be a pious, spiritual, and invaluable emotional life-net between the husband and the wife in Indian society. “In the contemporary era the changing socio-economic conditions have massively contributed to rapid increase in family disputes. Nowadays extramarital affairs, fraud, distrust among family members, a difference of opinion in family matters, drug addiction, and intoxication are a few of the major examples of family disputes. The factors contributing to rising family disputes are westernization of culture, women empowerment, changing structure of families (joint to nuclear). Amid this rise in domestic conflicts parties often knock the doors of courts pertaining matters related to divorce, judicial separation, maintenance, succession and custody of children. This adds to the burden of already overburdened Judiciary having around 4.59 crores pending case in total as of 6 June 2025 as available on National Judicial Data Grid (NJDG). With this delay, poor infrastructure, lack of public prosecutor and expensive fees parties lose their faith in judicial system. This delay further led to increase conflict between parties, worsening family relation and emotional harm to children and also in a judicial process parties are represented by their respected lawyers, and they always keep distance not only from the Judge but from themselves as well. As a result of this, there is only either a win or loss situation. Conflict in families is rarely resolved by proceedings adversarial nature; in many instances, it is compounded to make things worse. Thus, it has become inevitable to transfer the responsibility to a dedicated body or organization. It is where the role of non-governmental organizations (NGOs) come into play.

LEGAL FRAMEWORK GOVERNING FAMILY LAW AND MEDIATION IN INDIA

Family law in India is governed by constitutional principles, personal laws and secular provisions dealing with matters like marriage, divorce, adoption, Inheritance. With changing in time and lack of competency of Judiciary the legal system has incorporated alternative dispute resolution (ADR) methods like mediation to address social, emotional and practical complexities of family disputes. In this framework Non-governmental Organizations has played a vital role by offering mediation, counseling and legal aid services at both institutional and grassroots levels. India’s family law framework includes:

• PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005: A provision to protect the victim of domestic violence, punish the culprit and serve timely justice. Section 10 of this act authorize the NGOs to act as a service provider and provide shelter home to victim if require, recording the incident and transferring it to police station or magistrate having jurisdiction.
• FAMILY COURTS ACT, 1984: The act was enacted with the main aim of establishment of family courts for rapid and safe settlement in disputes arising in family, marriage and post marriage. Section 9 of this act prescribes duty of family court to make
  efforts to promote reconciliation and settlement before or at any stage of such proceeding. In addition to section 9, section 5 of this act permits the court to include social welfare institutions including NGOs to assist in proceedings. It legally enables NGOs to assist in resolving family disputes.
• LEGAL SERVICE AUTHORITIES ACT, 1987: This act was enacted by central government of India as consequence of Article 39-A of the Constitution of India, 1950 which specifies free legal aid and equal justice for all. This provision was enacted with an aim to provide free and effective services to weaker section of society in the country. Under this act non-governmental organizations in collaboration with District Legal services Authorities (DLSAs) deliver various services such as counseling, mediation, legal representation, legal awareness and literacy programs.

ROLE OF NON-GOVERNMENTAL ORGANIZATIONS

In modern times, non-governmental organizations (NGOs) play vital role in field of family law by providing support to needy one’s through holistic support including mediation, rehabilitation, public awareness and counselling particularly to women, children and people of marginalized community aiming at access to justice for all.
 Legal Aid and Representation – One of the main function of NGOs is to provide free legal aid to individuals engaged in family law disputes. This includes filling petitions on behalf of them, drafting petitions and representing them in courts. Beyond this they also educate their client regarding their rights and duties and also creating awareness regarding their free legal aid right under Article 39-A by organizing camps at local levels and in villages where people are less aware about their rights. Their
assistance is particularly involved in cases involving custody and guardianship, divorce cases as under different personal laws, maintenance as under Section 144 of BNSS.
For example- The Justice alive foundation provides free access to experienced legal professionals for free who cannot afford a private lawyer.

 Mediation and Counselling – NGOs often act as intermediaries between parties aiding in achieving a peaceful agreement and opting a stable solution. NGOs usually act as neutral players unlike governmental bodies that usually have political motives.
They usually offer a secure environment and table for conversation with an expert panel specialize in conflict resolution, trained social workers, counselors and mediators leading parties to a mutual acceptable solution outside the courtrooms. Easing both the judiciary and parties through reducing court’s burden and saving emotional wellbeing, time and resources of those in conflict.
For example- Shakti Shalini Delhi based NGO operate Crisis Intervention and Counselling Centre (CICC) offering mediation and counselling for survivor of gender-based violence by collaborating with nearby police station and shelter homes.

 SHELTER AND PROTECTION – NGOs play an active role in protecting victim of domestic violence, abuse and harassment specially the women’s from cruelty by their in laws by providing them temporary shelter, medical assistance and psychological
support , reporting to police stations and helping them to file case directly aligning with the objective of Protection of Women Domestic Violence Act,2005(PWDVA) that recognize NGOs as service provider under section 10. This is an indispensable
role played by these organizations in situations where victims lack family support suffers financial constraints.
For example- Majlis Legal Centre, based in Mumbai provide legal and psychological support to women and children in domestic violence and harassment cases, provided legal services to around 50,000 women since 1990.

CHALLENGES FACED BY NGOs FAMILY DISPUTE MEDIATION

Despite of growing importance of NGOs in family disputes these organizations often faced hurdles in delivering their services. One of the major challenges is lack of stable and adequate funding. As highlighted in findings of Bodi (2023) where he uses 900 minutes o analyzable data by interviewing persons from the management sector of NGOs the main challenge specified by all respondents is the funding of NGOs. Identifying ways of funding is constant for all organisations and is one of the main concerns of all NGO staff: “In terms of the needs of the organisation I think I would put funding first. We really need this funding in order to
continue to support and help as many beneficiaries as possible. It is not easy to have 500 beneficiaries per year and to receive a small budget compared to the needs and problems of all the beneficiaries”. This financial instability directly affects their ability to scale up their services and limits their capacity.

Another major challenges closing related to need to funding is shortage of skilled human resources. Many NGOs are unable to hire dedicate and expert legal professionals and psychologists reducing the quality and reach to their mediation efforts and this also undermine public trust in these organizations in matters where sensitivity and confidentiality are key principles. This become a significant barrier in their service delivery. Lastly, NGOs working in mediation face the problem of limited legal enforceability of their interventions. Settlements facilitated by NGOs are often not recognized on par with court-mediated or
judicially recorded outcomes, leading to challenges in enforcement.

These interlinked challenges of recognition, funding, staffing, public trust, and legal enforceability significantly hinder NGOs’ ability to function effectively in the family law ecosystem.

POLICY RECOMMENDATION FOR FUTURE

To make NGO-led mediation in family law more effective and sustainable, there is a strong need for new policy approaches that go beyond traditional support models. One major step would be to create a national digital platform dedicated to NGO-based family dispute resolution. This online space supported by the National Legal Services Authority (NALSA) or state-level authorities can allow trained NGOs to conduct remote mediation and counselling sessions, especially for cases involving domestic violence, custody, or maintenance. This platform can be linked directly to family courts, enabling them to refer
cases to registered NGOs quickly and transparently.

To further improve the process, an AI-based guidance tool can be built into the digital platform. This tool could help NGO mediators and clients draft agreements, understand possible legal outcomes, and even translate documents in regional languages. Such support would make mediation faster, clearer, and easier to understand for all involved parties.
Finally, to solve the long-standing issue of unstable funding, it is essential for NGOs to craft a concise and impactful mission statement and promote it through their website, social media, and outreach materials to attract volunteers. Additionally, the lack of a strong brand identity hinders the visibility and credibility of many grassroots organizations. Developing a professional logo, consistent messaging, and a strong online presence can significantly enhance public trust. technology also offers significant opportunities. NGOs can use online platforms and digital fundraising tools to reach wider audiences. These combined reforms
using technology, training, funding, and formal legal links can help make NGO mediation in family law more accessible, professional, and impactful across India.

CONCLUSION

To conclude, the role of non-governmental organization in Indian context has taken an vital position. These institutions has helped to bridge the gap between law and its implementation.

NGOs not only reduce the burden of judiciary but also made justice accessible to all specially children and women.
However, there are still challenges becoming hindrance in role played by NGOs like the lack of funding, limited legal enforceability , lack of awareness among masses. To address these issues, this paper recommends solution catering to modern time problems going beyond conventional solutions. The creation of a digital NGO-led mediation platform, supported by
AI tools and linked to family courts, investing in branding, public outreach to ensure permanent funding. In order to change family law into a system that promotes healing rather than harm, it is ultimately crucial to acknowledge NGOs as co-governors of justice delivery rather than as auxiliary help providers. India may get closer to a justice system that is not only legally
sound but also socially sensitive and incredibly humane by formalising their existence and enabling their role.

CITATION
 Afcons Infrastructure Ltd. v. Cherian Varkey Constr. Co. (P) Ltd., (2010) 8 SCC 24
(India).
 The Code of Civil Procedure, No. 5 of 1908, § 89 (India).
 The Family Courts Act, No. 66 of 1984, §§ 5, 9 (India).
 The Protection of Women from Domestic Violence Act, No. 43 of 2005, § 10 (India).
 The Legal Services Authorities Act, No. 39 of 1987 (India).
 The Special Marriage Act, No. 43 of 1954 (India).
 Diana C. Bódi, Challenges and Opportunities of Non-Governmental Organizations, 16
Bull. Transilv. U. Braşov, Series VII: Soc. Sci. & L. 223 (2023).
 Souradipta Bandyopadhyay, A Study on the Scope of Mediation in Matrimonial
Disputes with a Special Reference to the Role of NGOs in India, 14 CPJ L.J. 515
(2023).
 National Judicial Data Grid, Family Court Dashboard (June 9, 2025),
https://njdg.ecourts.gov.in/njdg_v3/.