Amelioration of Child Custody Laws in India: A Critical Study

Abstract

Children are among the most susceptible groups in society and need extra protection through law. A child's right to be recognized as an independent entity, capable of holding their own legal rights, has been greatly refined from just being provided for. The development of child rights and custody in India is based on constitutional, personal, statutory, and legal precedent. As a result of the long-standing welfare principle, custody laws are designed to ensure the welfare or best interests of children rather than just the rights of parents. Courts have consistently stated that welfare principles should prevail over all other concerns when determining custody disputes. While there have been significant advances in legal custody issues, challenges remain with respect to continued legal disputes, inconsistent implementation of personal law, children having limited input into custody decisions and ongoing changes to family structure, all of which hinder effective custody systems. This document will review the current state of child rights and custody laws in India, examine how these laws are interpreted by courts to protect children, evaluate existing challenges to these laws, and present suggestions to improve child-centered justice. This study recommends that to provide custody decisions that promote the best interests of children in all aspects, a comprehensive rights-based approach must be adopted.

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