The Union Government has informed the Karnataka High Court that guidelines governing child custody cases are in the process of being formulated and are expected to be finalized within the next two to three months. This assurance was given during a hearing on a suo-motu petition concerning child custody disputes and the absence of uniform guidelines in such matters.
A division bench comprising Chief Justice N V Anjaria and Justice M I Arun recorded the submission made by Advocate Sadhana Desai, appearing for the Union of India. She stated that the central government is actively working on drafting comprehensive guidelines and is seeking inputs from State Governments and Union Territories.
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The court noted in its order:
"Advocate Sadhana Desai appearing for the Union of India informed the court that it (UoI) is seized with the task of framing guidelines on the very subject and views of the State Governments and Union Territories are being solicited. It was stated that within 2 to 3 months the guidelines are likely to be finalized."
The High Court subsequently directed the Union Government to submit an affidavit detailing the expected timeline for finalization and the procedural steps involved in drafting the guidelines. The case has been scheduled for further hearing on March 19, 2024.
The Need for Uniform Child Custody Guidelines
The petition that prompted this development highlights the increasing complexity of child custody disputes, particularly in cases involving cross-border migration. The plea underscores that traditional methods of conflict resolution are failing to address modern challenges effectively.
It states:
"At the epicenter of complicated family conflicts are children who get stuck in custodial battles. Custodial battles more often have to do with the bruised egos and adamant attitudes of adults than with concern for the child's well-being."
The plea emphasizes the need for children to grow up in a stable and secure environment, stating that custody cases often arise from separations, divorces, or instances of parental neglect, abuse, or psychological and financial instability. It also notes that courts frequently deal with custody claims from relatives such as grandparents, uncles, and aunts.
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Additionally, the petition raises concerns over the lack of uniformity in defining "natural guardian" across different personal laws. It urges the government to ensure that custody decisions consider the psychological impact on the child and prioritize their well-being above all else.
Key Considerations for the Child Custody Guidelines
The petition suggests that the government should integrate existing laws and best practices with scientific and professional insights to formulate effective custody guidelines. It highlights the following key aspects:
- Psychological Well-being: Decisions should prioritize the child’s emotional and mental health.
- Legal Uniformity: Definitions of natural guardians should be standardized across personal laws.
- Expert Involvement: Child psychologists and welfare experts should be part of the decision-making process.
- Minimizing Parental Alienation: Courts should ensure that children maintain relationships with both parents where feasible.
- Modern Communication Channels: Guidelines should consider digital communication methods in custody arrangements to facilitate parent-child interaction.
- Custodian Responsibilities: The designated custodian must ensure the child’s right to education, food, shelter, healthcare, and overall well-being.
The plea further stresses:
"The custodian must ensure complete well-being of children and must enable the child/children to have easy access to their rights such as right to education, right to food, right to shelter, right to sanitation, right to healthcare, etc. The custodian must at all costs protect the welfare of the child. If the same is not ensured, a cascading effect will wreak devastating consequences on the growth and development of the child."
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Case Title: The High Court Of Karnataka And Union of Indian & ANR
Case No: WP 24360/2023
Appearance: Amicus Curiae Dhyan Chinnappa a/w Advocate Nayana Tara B.G
Advocate Sadhana Desai for R1.
AGA Niloufer Akbar for R2.
