Akanksha Ghorpade, ILS Law College, Pune
ABSTRACT
Child custody is a complex and sensitive issue, often shaped by legal, emotional, economic and societal factors. This paper explores the various facets of child custody, with central focus on Indian context, addressing gender bias, religious personal laws, visitation rights, and other relevant issues. Historically, custody laws have been gender-biased, reinforcing traditional gender roles. However, courts are increasingly stressing on a more balanced approach, emphasizing the child's best interests rather than outdated gender norms.
Religious personal laws, visitation rights, particularly in contentious divorces, are vital for maintaining the child's relationship with both parents. Parental-child abduction, both domestic and international, remains a pressing concern, requiring stricter enforcement of legal protections. There’s a need to adapt the legal system to the changing nature of society and the convoluted problems arising before courts.
Keywords: Custody- physical, legal, joint, interim, third-party; personal laws- Hindu, Muslim, Christian, Guardians and Wards Act, 1890; Best- interest of the child; gender bias; visitation of parent not holding custody; alienation; inadvertent notions of “bad” parent in child’s mind; parental abduction; cross-border abduction; Hague convention; Law Commission reports; Rape & POCSO; LGBTQIA+.
